EU negotiators agree on third country return hubs

Negotiators reached an agreement on Monday evening on a significant tightening of return policy for people without the right to reside in the EU. Among other things, the provisional agreement paves the way for return hubs in third countries.

The Return Regulation provides member states with a legal framework to enter into discussions with third countries regarding the establishment of centres for people without the right to reside in the EU. These can serve as final destinations or as transit centres en route to the country of origin or elsewhere.

Germany, the Netherlands, Denmark, Greece and Austria have already expressed interest and wish to take firm steps together. Under the regulation, however, they may only conclude agreements with countries that respect human rights and do not return people to countries where they are at risk. Unaccompanied minors may not be transferred to such hubs.

Mutual recognition

The regulation also introduces a European return order, a form on which member states must specify the key elements of an order to leave the territory. This is intended to facilitate the mutual recognition of such return decisions. For the time being, however, member states are not obliged to enforce return decisions issued by another member state. This was a concern for Belgium.

"Any migration system that cannot deport 80 per cent of asylum seekers whose cases have been exhausted is not credible"

The agreement obliges rejected asylum seekers or others without a right of residence to cooperate with national authorities. They may be detained prior to their removal if they are at risk of absconding or pose a security risk. The duration of detention is a maximum of 24 months, with a possible extension of a further six months. Those who do not cooperate face the prospect of longer entry bans.

Final piece

With these measures, the EU is aiming to ensure that more people without the right to stay actually leave. Only 20 to 30 per cent of return decisions are currently enforced. It is seen as the final piece of the new asylum and migration pact that comes into force next week.

N-VA MEP Assita Kanko describes it as “the most important migration deal we have achieved in Europe over the past 10 years”. “Any migration system that cannot deport 80 per cent of asylum seekers whose cases have been exhausted is not credible,” she said. ​ This agreement means “we will soon be able to effectively implement the decisions of our immigration services”.

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Refugee organisations, however, have voiced criticism. Earlier in the decision-making process, 11.11.11 and Vluchtelingenwerk Vlaanderen condemned the “extremely dangerous” regulation that would see Europe slide into a system “where coercion and detention become the norm and human rights come under increasing pressure”.

Member states and the European Parliament, where a majority comprising the right and the far right has formed around the legislation, must still ratify the agreement.

The regulation will then come into force almost immediately, but transition periods of up to 12 months have been built in to give member states time to adapt, such as amending laws or IT systems.

 

Migrants on an Italian navy ship before being transferred to an Italian-run migration detention centre in Shengjin, Albania, April 2025 © PHOTO ARMANDO BABANI / ZUMA PRESS WIRE


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