Presentation on theme: "Irregural immigration issue and return policy The project is co-financed by European Return Fund and Estonian Ministry of Interior Hungary (2)"— Presentation transcript:
Irregural immigration issue and return policy The project is co-financed by European Return Fund and Estonian Ministry of Interior Hungary (2)
Possibilities of the: Main elements of the good return policy Country information network Legal background Detention centers NGO activities Supervising system Forced return Voluntary return
Legal background International agreements, common law Readmission agreements National immigration and asylum legislation
Geneva Convention The most important piece of international law on the protection of refugees is the Geneva Convention, namely the United Nations Convention on the Status of Refugees. Its current version entered into force in 1951. The Convention ensures that nobody is sent back to persecution and maintains the principle that no one should be returned to a country where his/her life or freedom is at stake.
In international law, there is a principle that is of paramount importance—the principle of non- refoulement (prohibition to return). The principle is applicable to any refugee, asylum-seeker or an alien who needs some form of shelter from the state whose control he/she is under.
EU policy concerning the migration flow a) a common procedure, b) a uniform status for protected persons, c) more practical cooperation between Member States’ administrations and, d) increased support to third countries hosting a large number of refugees and migrants.
The designated practice 1, Access to the procedure: In practice it is very important that a police officer (especially the border police) recognises that a person wants to make an asylum application or temporary protection. 2,Personal interview: Designated to be two different hearing During the first hearing at the reception/detention centre, the migrant is interviewed about their identity, nationality and their travel route. In the second hearing, ( if it needed ) also at the reception/detention centre, the migrants is asked about the reason(s) for applying for asylum. Reports are written on both hearings.
Requirements for a personal interview The quality of the interview conducted with the migrant is very important because it can better safeguard his/her procedural rights and avoid situations of refoulement. A good practice is to train and educate the interviewer adequately.
Free legal assistance States may provide in their national legislation that free legal assistance and/or representation is granted only for procedures before a court