EU member states agree on stricter return policy for people without right to asylum

The member states of the European Union have on Monday reached an agreement on tightening the return policy for people without the right to asylum. They are amongst other creating a framework for member states that want to set up so-called return hubs in third countries.

Currently, around three out of four migrants ignore a return decision. “I believe that the new rules can contribute significantly to improving these figures,” said Danish minister for immigration and integration Rasmus Stoklund on behalf of the rotating presidency of the Council.

Stoklund and his European counterparts agreed on strict obligations for migrants residing illegally in the EU. Member states will be able to decide to refuse certain benefits to people who do not actively cooperate with their return. Criminal sanctions, including prison sentences, are also possible.

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Member states will also be able to recognise each other's return decisions. This means that an order to leave the territory in one member state would automatically apply in other member states. This should prevent third-country nationals with a return decision in one member state from moving to another member state.

For the time being, this mutual recognition will only take place on a voluntary basis, but the Commission will carry out an evaluation two years after the new rules come into force and, if necessary, propose to make the principle mandatory. In the meantime, a harmonised European return order will be introduced to facilitate mutual recognition.

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When the European Commission presented the stricter return regulation in March, the discussion about so-called return hubs in third countries took most of the attention. The member states have also retained this element. The text provides for the possibility for member states to conclude agreements with third countries on this matter.

The member states still have to reach an agreement on the regulation with the European Parliament.

^{Illustration © PHOTO Nicolas TUCAT / AFP}

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