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ReadmissionReadmission as a mechanism of general return management as a mechanism of general return management

processprocesshistory, statistics and practices, forms of agreements, main history, statistics and practices, forms of agreements, main

componentscomponents

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Readmission

• What is readmission? • History of development of readmission

agreements• Readmission as a tool for responding to irregular

migration• Readmission and international migration law • Readmission agreements: content, features,

main provisions• Different readmission approaches and future

prospects

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What is Readmission?

Readmission — act by a State accepting the re-entry of an individual (own national or third-country national), who has been found illegally entering or being present in another State.

Readmission agreement – agreement which addresses procedures for one State to return aliens in an irregular situation to their home State or a State through which they passed en route to the State which seeks to return them.

IOM Glossary

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Readmission - purpose

• *“To establish… rapid and effective procedures for the identification and return of persons who do not, or no longer, fulfill the conditions for entry to, presence in, or residence on a territory”

– EC and Russian Federation, 2006

• “To facilitate readmission of persons in an irregular situation in the spirit of cooperation on the basis of reciprocity”

– Spain and Romania,1996¨

• “To establish the basis which permits ordinary and safe return of the migrants apprehended in the territory of the contracting party”

– El Salvador and Mexico, 2005

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• First readmission agreements– 1950s – Neighbouring countries regulating borders post WW2– different context – different aims of agreements

• 1990s – 2000s – second wave of readmission agreements– move towards cooperation (eg migration and

development)

History of Development of Readmission Agreements

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Inter-Governmental Consultations on Asylum, Refugee and Migration Policies (IGC)

MembersAustralia, Austria, Belgium, Canada, Denmark, Finland, Germany, Ireland, Netherlands, New Zealand, Norway, Spain, Sweden, Switzerland, Great Britain and USA

FocusAsylum; data; entry; border control; refugees countries of origin information; temporary protection; return; smuggling and trafficking; unaccompanied minors; family reunification; labour migration; irregular migration; national security

16 states 1985

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Number of Readmission Agreements (May 2008)

igc

14

91017

2131

262626

47

63

51

41

1917

0

10

20

30

40

50

60

70

SWI GER NET BEL AUS NOR UK SPA SWE DEN FIN EC CAN USA IRE NZL

Numberof Agreements/arrangements (May 2008)

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Number of States and Distribution by Region of Origin (May 2008)

igc

0

10

20

30

40

50

60

SWI NET GER BEL NOR UK SPA SWE DEN AUS FIN EC CAN USA IRE NZL

Western countries Central and East. European countries Other

Numberof Countries and Distribution by Region of Origin (May 2008)

Western Countries

11%

Central & Eastern Europ.

Countries49%

Other countries

40%

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Readmission and International Migration Law

• Different approaches to the issue of obligation of states to accept their citizens.

• No one can be arbitrary deprived of the right to enter his own country, art. 12 of ICCPR

• In relation to non-citizens, there is no international obligation of states to allow entry to their territory

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Readmission Agreements

• Forms of readmission agreements: - Official- Readmission provisions included in other agreements

• Types: – Bilateral– Multilateral

• Categories of persons agreements applies to: – Own citizens – Third country nationals – Stateless persons

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• Definition and incidence of readmission agreement: for example, readmission of only own citizens or including third country nationals who have transited through the territory

• Procedures of identification / confirmation of citizenship of returnee: presumption of citizenship, establishing of the list of documents for identification of citizenship (driving license, extracts from documents, evidences, witness statements)

• Issuing of travel documents: travel documents are issued either by the accepting state, or other state in accordance with the agreement

Readmission Agreements: Content, Features, Main Provisions

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Readmission Agreements: Content, Features, Main Provisions

• Defining the standard readmission procedures: submission of requests, replies, forms of requests

• Time frames for submission / proceeding of readmission requests

• Costs of parties on readmission• Rules for protection of private data• Conditions for determining need for escort• Institutions responsible for implementation• Obligation to admit those outlined in the agreement

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Evidence of nationality

• Passport• ID card (actual/provisional)• Any kind of document issued by the

competent national authorities which have requirements for identification of the person

• Documents of consular registration• Birth certificate• Statements by officials

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Presumed nationality

• Expired documents listed as proof of nationality• Copies of documents listed as proof of

nationality• Driving licenses/copies thereof• Testimonies of witnesses• Language tests• An extract from register officials

NB: some agms do not provide an exhaustive list; other “proof” may also be used.

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Entry/presumed entry: 3CNs

• Valid visa issued by requested state

• Entry stamp of requested state

• States of border guards who can prove crossing of border

• Air/other tickets with name of passenger & route

• List of travelers

• Documents/bills

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Obligations on requesting state

• Prove grounds for readmission• Liaise with the competent authorities re travel

documents• Submit request/supporting documentation to

receiving authorities• Notify time of arrival• Cover expenses until transfer to border of

requested state (also for escort)• Readmit person back where grounds for

readmission found to be non-existent

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Obligations on state to whom request is made

• Accept back nationals/3CNs• Issue travel documents• Identify 3CN in order to return them to

country of origin (NB requesting country does not need to identify the person before return, simply to show is a national of that state/arrived from territory of that state

• Respond within specified time limits

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Readmission Approaches and Future Prospects

• In general, the number of readmission agreements is increasing

• Readmission is only one approach to return

• Readmission agreements are concluded together with other agreements– Visa facilitation– recruitment