22nd Jan 2021

EU publishes guide to ejecting rejected asylum seekers

  • Member states can hire private security to escort rejected asylum seekers back home (Photo: angeloangelo)

A draft 100-page guide by the European Commission provides details on how best to boot out rejected asylum seekers from the EU.

The so-called Return Handbook published on Wednesday (9 September), and which still needs to be adopted, recommends authorities convince rejected applicants to agree to be sent home after being issued a return decision.

Read and decide

Join EUobserver today

Become an expert on Europe

Get instant access to all articles — and 20 years of archives. 14-day free trial.

... or subscribe as a group

It states "voluntary compliance with an obligation to return" is preferred because it is "a more dignified, safer, and frequently a more cost-effective return option."

Once a return decision has been made, it then needs to be recognised by other member states to allow the rejected applicant to transit through.

Send us a postcard

But the EU has no central system to track voluntary returns. This means that police are unable to verify and keep track of voluntary departures.

Instead, it is up to the person who is being booted out of the EU to inform police when they have arrived home.

"The returnee may signal his departure to the border guard (upon departure), at the consular representation of a member state in his country of origin (following return) or even by writing”, it notes.

Not everyone is likely to return home voluntarily.

Some asylum seekers, who may have risked their lives and spent their entire life savings to reach the EU, may simply refuse to leave and attempt to abscond.

Enforced returns

The handbook notes that in some cases, the physical removal of people through coercion may be required and that detention can be used to prevent them from fleeing.

It notes detention can only be used if there is a flight risk, or if the person "avoids or hampers the preparation of return or the removal process".

It recommends alternatives to jail such as residence restrictions, electronic monitoring, bail, and open-houses for families but notes this also increases the flight risk.

"An overly repressive system with systematic detention may also be inefficient, since the returnee has little incentive or encouragement to cooperate in the return procedures”, it notes.

Instead, it says "intelligent solutions" must be found that mix "rewards and deterrents".

In-flight dress code

People who are sent home on flights will need to be escorted throughout the entire journey. Member states can also hire private security to carry out the task.

The escorts must not be armed but must be "strategically positioned in the aircraft in order to provide optimum safety."

They are not required to wear uniforms but must have a "distinctive emblem for identification purposes."

The returnee can be restrained, if things go wrong, but his ability to breathe normally must be maintained, it notes.

A doctor and an interpreter must also be present on the flight.

Once the flight has landed, the returnee is then handed over to local authorities outside the aircraft.

MEPs chide Portugal and Council in EU prosecutor dispute

The Belgian and Bulgarian prosecutors who were appointed had also not been the experts' first choice. Belgian prosecutor Jean-Michel Verelst has challenged the council's decision at the European Court of Justice.

EU Commission mulls police access to encrypted apps

The European Commission has not ruled out allowing police access to encrypted services. Instead, it says a balance needs to be found to protect rights while at the same time offering some leeway to law enforcement.

Muscat poker-faced in Malta inquiry into journalist murder

"How well I'm screwed," was the then Maltese prime minister Joseph Muscat's first thought on 16 October 2017, when he found out his country's best-known journalist, Daphne Caruana Galizia, had just been murdered by a car bomb.

News in Brief

  1. Netherlands imposes curfew to halt new corona variant
  2. Green NGO fails to stop Europe's biggest gas burner
  3. Swedish minister reminds Europe of Russia's war
  4. Spain: Jesuit order apologises for decades of sexual abuse
  5. NGOs urge Borrell to address Egypt rights 'crisis'
  6. EU conflict-area education aid favours boys
  7. EU told to avoid hydrogen in building renovations
  8. Hungary gives initial ok for UK and Russian vaccines


Rule-of-law deal: major step for Europe of values

At the very moment when an incumbent president across the Atlantic was carrying out staggering attacks on the foundations of democracy, the European Parliament obtained a historic agreement to protect the rule of law in Europe.

Stakeholders' Highlights

  1. UNESDAEU Code of Conduct can showcase PPPs delivering healthier more sustainable society
  2. CESIKlaus Heeger and Romain Wolff re-elected Secretary General and President of independent trade unions in Europe (CESI)
  3. Nordic Council of MinistersWomen benefit in the digitalised labour market
  4. Nordic Council of MinistersReport: The prevalence of men who use internet forums characterised by misogyny
  5. Nordic Council of MinistersJoin the Nordic climate debate on 17 November!
  6. UNESDAMaking healthier diets the easy choice

Latest News

  1. EU leaders keep open borders, despite new corona variant risk
  2. EU and Cuba appeal for Biden to open up
  3. Portugal's EU presidency marks return of corporate sponsors
  4. MEPs chide Portugal and Council in EU prosecutor dispute
  5. EU warns UK to be 'very careful' in diplomatic status row
  6. A digital euro - could it happen?
  7. US returns to climate deal and WHO, as EU 'rejoices'
  8. Big tech: From Trump's best friend to censorship machine?

Join EUobserver

Support quality EU news

Join us