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Foreign Practices in Readmission and Return Federal Migration Service of Russia MANUAL ON READMISSION For Experts and Practitioners SELECTED FOREIGN READMISSION AND RETURN PRACTICES International Organization for Migration Moscow 2010 2 Federal Migration Service of Russia MANUAL ON READMISSION For Experts and Practitioners SELECTED FOREIGN READMISSION AND RETURN PRACTICES International Organization for Migration Moscow 2010 The International Organization for Migration (IOM) is a leading intergovernmental organization for migration-related cooperation with representative offices in more than 120 countries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental body, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well-being of migrants. This material has been funded through the support of the European Commission and co-funded by the Government of Finland and the Government of Germany. Opinions expressed in this document are those of the authors and do not necessarily reflect the views of IOM, its participating countries, Federal Migration Service of Russia, European Commission, European Union and its member states. Editor-In-Chief Marina MANKE, International Organization for Migration (Moscow) Authors Serhan AKTOPRAK, International Organization for Migration (Moscow, Baku) Natalia OLIYNYK, International Organization for Migration (Geneva) Kirill SHEVCHENKO, International Organization for Migration (Moscow) Vassiliy YUZHANIN, International Organization for Migration (Geneva, Baku) Publisher: International Organization for Migration 2nd Zvenigorodskaya ulitsa 12, Moscow, 123100, Russian Federation Telephone: +7 495 797 87 22 Fax: +7 495 253 35 22 E-mail: [email protected] Website: www.iomrussia.ru © 2010 International Organization for Migration All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without the prior written permission of the publisher. Contents CONTENTS................................................................................................................ 3 ACKNOWLEDGEMENTS .......................................................................................... 5 FOREWORD .............................................................................................................. 6 ВСТУПИТЕЛЬНОЕ СЛОВО ..................................................................................... 8 ABBREVIATIONS USED IN THE MANUAL.............................................................10 PART 1. GENERAL CONCEPT OF READMISSION...............................................11 1.1. Readmission in the European Union acquis .............................................................................. 13 1.2. Aims and objectives of readmission agreements..................................................................... 14 1.3. Readmission and international law.............................................................................................. 16 1.4. Evolution of readmission agreements ......................................................................................... 17 1.5. Evolution of the concept of readmission in the European Union......................................... 19 1.6. Types of readmission agreements................................................................................................ 22 1.7. Advantages and disadvantages of readmission agreements ................................................ 23 1.8. Contents of readmission agreements .......................................................................................... 24 1.8.1. Persons subject to readmission........................................................................................... 24 1.8.2. Exceptions to the obligation to readmit ............................................................................. 25 1.8.3. Evidence regarding nationality or entry............................................................................. 27 1.8.4. Time limits for application for readmission and response to application for readmission ............................................................................................................................... 36 1.8.5. Transit provisions .................................................................................................................... 40 1.8.6. Provisions on data protection............................................................................................... 41 1.8.7. Provisions on financial matters............................................................................................ 41 1.9. Rights and obligations of the Contracting Parties under readmission agreements........ 42 PART 2. FOREIGN PRACTICES ON READMISSION AND RELATED AREAS ..45 2.1. Notion of readmission of irregular migrants in national legislation..................................... 47 2.2. Institutional system of readmission management.................................................................... 50 2.3. Procedures for submitting an application for readmission and replying to it.................. 54 2.4. Proof of nationality and identity of a person subject to readmission or removal ............ 57 2.5. Admission of persons by the Requested State within a readmission procedure............. 62 2.5.1. Admission of country’s own nationals............................................................................... 62 2.5.2. Admission of foreign nationals ............................................................................................ 63 2.5.3. Stateless persons..................................................................................................................... 68 2.6. Procedure for detection of irregular migrants .......................................................................... 69 2.7. Procedure for apprehension of irregular migrants.................................................................. 72 2.8. Procedure for placing irregular migrants into special detention facilities and conditions of detention ......................................................................................................................................... 75 2.8.1. Conditions of detention in detention facilities ................................................................. 79 2.8.2. Admission to detention centres ........................................................................................... 82 2.8.3. Detention conditions ............................................................................................................... 83 2.8.4. Migrants’ obligations............................................................................................................... 85 2.8.5. Medical care............................................................................................................................... 86 2.8.6. Meals............................................................................................................................................ 87 2.8.7. Use of special devices and firearms ................................................................................... 87 2.9. Procedure for transfer of a foreign national to a Requested State....................................... 89 2.9.1. Accelerated readmission procedure ................................................................................... 89 2.9.2. Normal readmission procedure............................................................................................ 90 2.10. Decision on removal of a readmitted third-country national...................................................... 93 2.11. Non-refoulement..................................................................................................................................... 98 2.12. Assisted Voluntary Return (AVR) .................................................................................................... 100 CONCLUSIONS ......................................................................................................102 BIBLIOGRAPHY .....................................................................................................104 TERMINOLOGY USED IN READMISSION AGREEMENTS ..................................109 ANNEXES ...............................................................................................................111 4 Acknowledgements The creation of the Manual on Readmission was possible due to the work of the International Organization for Migration (IOM) team of the project “Assistance to the Government of the Russian Federation in Establishing a Legal and Administrative Framework for the Implementation and Development of Readmission Agreements” (DIRA), funded by the European Commission. In particular, thanks go to: Kirill Shevchenko, legal expert at IOM Moscow, and Nataliya Oliynyk, Project officer on international migration law at IOM Geneva, who carried out the research and compiled the Manual; Marina Manke, IOM Moscow project coordinator, and Vassilliy Yuzhanin, IOM Geneva Training/Project Officer, for overall coordination
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