The European Parliament has published a report detailing the key facts about the immigrant return procedure and proposed changes to EU law.
The New Pact on Migration and Asylum of the EU includes new rules and the revision of current legislation, such as the Return Directive.
In a draft resolution on the Return Directive adopted in December 2020, MEPs underlined the importance of protecting individual fundamental rights, as well as respecting procedural guarantees.
In April 2023, Parliament adopted its negotiating position on the Selection Regulation and the Asylum Procedures Regulation, ahead of discussions with the Council.
Return of immigrants: key facts
In 2022, 141,060 people were refused entry into the EU. The main reasons were: not having a valid visa or residence permit, in 23% of cases, or not being able to justify the reason and conditions of the stay, in another 23%.
EU countries issued 422,400 return decisions in 2022, and the top three nationalities concerned were Algerians, Moroccans, and Pakistanis. However, less than a quarter of non-EU nationals were returned to a non-EU country. No longer part of the EU, and not covered by the EU rules and guidance, the UK sent back 3,860 people.
To speed up decision-making and make asylum procedures more efficient, the Commission proposed a faster and simplified border procedure for some asylum applications, as part of the EU’s New Deal on Asylum and Migration.
The simplest procedure allows 12 weeks to process an asylum application, plus another 12 weeks for the repatriation of rejected applicants. Unaccompanied minors, as well as those under 12 years of age and their families, as well as people with medical problems, cannot be processed by the simplified procedure, in order to protect them.
“As MEPs, we call for fair and efficient asylum procedures to ensure that people in need of protection can quickly access refugee status, while those who manifestly do not qualify for asylum receive a swift decision and are returned to a third country”, Fabienne Keller (Renew, France), rapporteur for the regulation on asylum procedures.
Voluntary departures versus forced returns
If an individual voluntarily cooperates with the authorities after receiving a return decision, the return is called voluntary; otherwise, it is called forced. A voluntary return can be assisted (with financial/logistical support from the host country) or not assisted.
EU countries sent back 96,795 people in 2022, and amongst them, 47% left voluntarily.
Parliament wants EU countries to invest in assisted voluntary return programs and give priority to voluntary returns as they are more sustainable and easier to organise, also in terms of cooperation with destination countries.
Among the main practical problems that make the return process difficult are the identification of migrants and the obtaining of the necessary documents by the authorities of non-EU countries.
Safeguard fundamental rights
In its April 2023 vote, Parliament called on EU countries to set up independent monitoring mechanisms to ensure respect for EU and international standards on refugees and human rights.
Supervision should take place during border surveillance (between official border crossings), the selection procedure and the application of border asylum and return procedures. Independent monitoring bodies should also assess reception and detention conditions.
“The European Parliament can be particularly pleased with the significant extension of the mandate of the fundamental rights monitoring mechanism, which now includes border surveillance. This decision is a clear signal from Parliament that the EU must address to human rights violations at our external borders and defend the rule of law and fundamental rights”, Birgit Sippel (S&D, Germany), who led the new selection proposal.
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