Transcript Irregural immigration issue and return policy

Detention
• States shall not hold a person in detention for the sole reason tha
the/she is an applicant for asylum.
• Where an applicant for asylum is held in detention, Member States
shall ensure that there is a possibility of speedy judicial review.
The project is co-financed by European Return Fund and Estonian Ministry of Interior
Detention II.
• If the conditions in a detention centre do not meet the standards, this cannot be
seen as a good practice and will not be in line with the ECHR and Fundamental
Rights
• In this context, good initiatives involving national border authorities, UNHCR and
NGO’s working together to ensure compliance with human rights standards at the
borders and detention centres.
Survellience by NGO’s
• For example, tripartite border monitoring agreements which provide
UNHCR and NGOs partners’ permission to visit border areas and
detention centres are already in place in Hungary, Slovenia, Slovakia
and Romania.
COOPERATING PARTIES
National
Police
Headquarters
UNHCR
Regional
Representation for
Central Europe
Hungarian
Helsinki
Committee
Development Alien Policing
cooperation system with NGO’s
Police
Border Guards
From
2008
2002-2007
1994-2001
Continuous
dialogue
Till 1993
Acceptance
Cooperation
with lots of
conflicts
There was no
cooperation
Cooperation
agreements
trainings
Participation in
Eu competitions
Main benefits for the Police
•
continued cooperation,
•open procedures,
•help to find the mistakes in the asylum procedure of the Police,
• same interpretation of the international and national laws,
•continuous information flow and rapid reaction,
•agreed publication,
• trainings,
• elaboration of the new fields and new tasks of the cooperation,
Possibilities of the UNHCR
• free and full access to the asylum seekers,
• can determine whether the Police to ensure the
protection of vulnerable persons with access to the
territory of the Republic of Hungary and the asylum
procedure,
• requiring immediate action, inform the competent
leader of the National Police and chief of the
immigration unit,
• coordinates the implementation of monitoring United
Nations for use of resources.
Main tasks of the Hungarian Helsinki Commitee
• behalf and on behalf of the United Nations - under a separate contract - lawyers
appointed to carry out surveillance over the activities of the planned monitoring
to 2 business days
• prior to announcing the coming of the purpose of the present customer is
informed of the voluntary nature of the conversation,
• prepare a statement setting out the international agreement, the UN monitors
HHC and the availability of publications,
• if necessary, replace them, the findings of a report within 15 days.
Police tasks
• ensure that vulnerable persons with access to the territory of the Republic of
Hungary and the asylum process,
• places the United Nations and the HHC under investigation for publications in
accessible,
• non-touch controls for monitoring the cases,
• provides insight into the file,
• provide statistical data.
Benefits of the cooperation
• open procedure,
• a continuous flow of information,
• quick response time,
• only the agreed text is publishable,
• training.
Unaccompanied minor
The position of minor migrants in detention should stop.
Regarding their special :
• age
• medical and menthal problems
• best interest of the child
Information background
• The decision makers should be required to obtain and treat legally
relevant, objective, up to date and transparent country of origin
information.
• The gap between the promises and the deeds
• The role of international courts in forming the MS’s practice
• No escape from responsibility:
• The (extended) limits to jurisdiction: Al Skeini v. UK
• No escape from the non-refoulement obligation by returning asylum seekers after
interception on the high seas: Hirsi Jamaa v. Italy
• Dublin: not a pretext to escape the obligation to decide
• MSS v Belgium, C…. NS and ME v UK and Ireland
Legislative harmonization
• The European Parliament and Council
Directive 2008/115/EC for returning illegally staying third-country
Member States for common standards and procedures - Return
Policy.
About the changes generally
• Aliens coercive process is completely changed,
Scope: just only the illegally staying third-country nationals!
• two-stage model:
1) voluntary deportation
2) expulsion
• preference for voluntary repatriation
entry and residence ban after the deportation will be possible
the custody arrangements are changed: the scope of persons and duration
• increases the number appeals: all expulsion decision against a
special appeal to ensure the connecting
• Expulsion is equal leaving obligation from the EU territory!
• Deportation and voluntary departure
Coercive measures in the immigration process
Refusing the enter on the external border
• According to the Schengen code (article 13.) the border guard officer
has a right that refusal of entry to the person who does not have valid
documents or visas and can not prove that other reasons for free
from these conditions.
• Exception:- the refugee applicant
•
- non-refoulmant principle
detention
Immigration
procedure by the
Police
Petty offence
procedure by the
Police
Criminal procedure
by the Police
Surprize!!
STOP!!
Your windows too
dark.
Procedure of the
Office for
Immigration and
Nationality (OIN)
release
• All the arrested person shall be heard through an interpreter within
12/24 hours.
• If he/she does not prove his or her identity or verify valid residence
the authority has a right to use the relevant readmission agreements
against the migrants or it is not possible suddenly, put him or her into
the custody