Repatriation and Departure Service

Transcription

1 Repatriation and Departure Service Providing professional and respectful treatment

2 Inhoudsopgave The Repatriation and Departure Service 3 The agencies cooperating in the immigration process 6 The procedure 8 The organisation 12 The key partners 17 Other partners 20 2

3 1 Departure The Repatriation and Service 3

4 The Repatriation and Departure Service (DT&V) is a professional repatriation organisation responsible for implementing the Netherlands repatriation policy. What work does the DT&V do? The DT&V coordinates the departure of foreign nationals who are not entitled to stay in the Netherlands. Together with other government agencies and social services, the goal is to ensure that foreign nationals return to their countries as independent individuals with positive prospects. DT&V employees act with care and respect for the dignity of each foreign national. The guiding principle is that foreign nationals are always given the opportunity to leave voluntarily, with or without our assistance. On what groups does the DT&V focus? The DT&V focuses on the following groups: Foreign nationals who have been detained as part of the national (mobile) supervision of foreign nationals. Foreign nationals who have been denied entry to the country as part of the border control process. Foreign nationals whose residence or asylum permit has been revoked. Foreign nationals who have exhausted the appeal process and have not been granted asylum. How does the DT&V work? The DT&V adopts a personal approach and focuses predominantly on case management. This often requires cooperation with other agencies involved in the asylum and migration process. The DT&V also acts as the point of contact for the competent authorities in the countries of origin and their diplomatic representatives. 4

5 Cooperating, humanely and respectfully, to facilitate the dignified departure of foreign nationals who are not entitled to stay in the Netherlands 5

6 2The agencies cooperating in the immigration process

7 The DT&V falls under the responsibility of the Dutch Ministry of Security and Justice. Here in the Netherlands, the DT&V s key partners in the immigration process are the Immigration and Naturalisation Service (IND), the Central Agency for the Reception of Asylum Seekers (COA), the Royal Netherlands Marechaussee (RNLM), the police and the Custodial Institutions Agency (DJI). The files of foreign nationals that have to leave the Netherlands are transferred to the DT&V to organise their departure. In the meantime accommodation is provided for them in the Netherlands. This could be a private home in the municipality, a reception centre, a freedom-restricting centre, a family centre or a detention centre for foreign nationals. The DT&V aims to ensure that foreign nationals choose to leave the Netherlands of their own accord and provides any assistance they might need. As a rule forced departure from the Netherlands is not supervised. However, if there are indications that an individual is likely to resist deportation, the RNML provides a chaperone service to accompany the person during his or her departure. Where does the DT&V fit in the asylum and repatriation process? Ministry of Security and Justice Access Dutch Police Royal Netherlands Marechaussee Admission Immigration and Naturalisation Service Supervision Dutch Police Royal Netherlands Marechaussee Repatriation Repatriation and Departure Service Dutch Police Royal Netherlands Marechaussee 7

8 3The procedure

9 The DT&V focuses on case management. This means that the DT&V tailors the approach to suit the individual. The process starts when a file is transferred to the DT&V by one of the other agencies involved: the police, the Royal Netherlands Marechaussee (RNLM) or the Immigration and Naturalisation Service (IND). Supervisors Many of our employees fulfil the role of a departure supervisor. They coordinate the departure process in a way that ensures the dignified and timely departure of the foreign nationals in their care. Every foreign national whose case the DT&V handles is assigned a departure supervisor. The DT&V assesses the options and conditions for departure on a case-by-case basis. The solutions the DT&V provides are always tailored to the individual. Personal contact with each foreign national and consultation with the chain partners help the DT&V determine the best way to arrange departure so that, ideally, foreign nationals choose to leave of their own accord. Conversations with foreign nationals cover a lot more than just repatriation. The DT&V also discusses issues such as human trafficking, distressing circumstances and medical conditions. If, despite being fully cooperative, a foreign national is unable to leave the Netherlands through no fault of his or her own, the DT&V submits a no fault recommendation to the IND. The latter then assesses whether the person in question is eligible for a residence permit. Departure supervisors: Study and analyse the case file. Draw up a departure plan. Assess the options for departure and discuss them with the foreign national. Conduct departure interviews. Obtain replacement travel documents if necessary (sometimes referred to as a laissez-passer). Maintain contact with the other agencies involved in the process. Make the necessary arrangements for voluntary or forced departure. More vulnerable individuals, such as unaccompanied minors and people with special needs, possibly due to medical conditions, require extra supervision during the repatriation process. In situations such as these the DT&V makes the necessary arrangements in their destination country. This could involve organising shelter for unaccompanied minors or coordinating medical care. The final preparations for repatriation are made shortly before departure. The DT&V carries out a series of checks to ensure that foreign nationals departing from the Netherlands possess the right (travel) documents and any medication they need. 9

10 The Repatriation and Departure Service Providing professional and respectful treatment 10

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12 4The organisation

13 How is the DT&V organized? Management Operational Management Unit Strategic Advice Unit Return Facilitation Directorate Supervision and Measures Directorate Directorate for International Affairs The Repatriation and Departure Service has offices in several locations in the Netherlands. Our head office is in The Hague. The Service comprises three directorates: Return Facilitation Directorate Supervision and Measures Directorate The Directorate for International Affairs Together with the General Director, the heads of the three directorates form the DT&V management team. The Dutch State Secretary of Security and Justice is politically responsible for government policy on foreign nationals. This includes repatriation policy and the response to illegal immigration. Return Facilitation Directorate The Return Facilitation Directorate is responsible for preparing the departure from the Netherlands of asylum seekers (who have exhausted all appeals) and other foreign nationals from an asylum seekers centre or a municipality and who do not have (or who no longer have) a residence permit, and maintains national and regional contact with the Immigration and Naturalization Service, the Central Agency for the Reception of Asylum Seekers and municipal authorities. This Directorate s work begins when the Immigration and Naturalisation Service (IND) decides that a foreign national cannot be granted asylum in the Netherlands, or when the police issue a supervision order that requires a foreign national to report to the authorities. The departure supervisors examine the information contained in the file provided by the IND, or the police, and interview the foreign national concerned. The DT&V cooperates with the Central Agency for the Reception of Asylum Seekers (COA) and the police at the local level to prepare and arrange the departure of foreign nationals from the Netherlands. Other relevant agencies, such as the IND, municipal authorities, the International Organisation for Migration (IOM) and, if necessary, the guardianship organisation NIDOS, are also involved in this process. The cooperation between the DT&V and the municipal authorities is discussed with municipal representatives at regular meetings of the Municipal Sounding Board. 13

14 Supervision and Measures Directorate The Supervision and Measures Directorate is responsible for preparing the departure from the Netherlands of foreign nationals who have been subjected to a measure, and maintains national and regional contact with the Custodial Institutions Agency, the Royal Netherlands Marechaussee and the Police. Foreign nationals who are not entitled to stay in the Netherlands may be held at a detention centre if it is believed that there is a risk that they will impede the preparations for their departure or leave the reception centre without notice in order to evade deportation. An assistant public prosecutor acting on behalf of the police or the Royal Netherlands Marechaussee (RNLM), or an authorised official from the DT&V, oversees the implementation of the detention order. The Supervision and Measures Directorate books all flights for foreign nationals and the persons who accompany them. The Booking Office submits flight applications and requests for a chaperone service to the Royal Netherlands Marechaussee (RNLM). The DT&V also arranges for the IND to conduct a so-called removability check. This is a final check carried out just before departure to ensure that the foreign national is (still) allowed to depart. Supervising departure for detainees Detention of a foreign national is followed by an identity investigation. The file is then transferred to the DT&V to start making the necessary arrangements for their departure. The DT&V examines the information contained in the file provided by the police or the Royal Netherlands Marechaussee (RNLM), and interviews the foreign national concerned. The goal is always to prevent them from being detained any longer than is absolutely necessary. The DT&V works as swiftly and efficiently as possible and regularly reviews the situation to ensure that detention remains lawful. If the supervisor departure discovers that a lighter form of supervision suffices, the detention is terminated. Place to stay If a foreign national is not (or is no longer) entitled to a place at a reception centre and there are indications that departure can be arranged relatively quickly (within approximately the next 12 weeks), there is no reason for that person to be held in detention. Instead they can be transferred to a freedom-restricting centre (VBL). Families with minor children who have to leave the Netherlands will be moved to a family centre (GL). Foreign nationals in the penal system Special attention is paid to foreign nationals in the penal system. A dedicated department known as the VRIS Unit organises the forced departure of criminal foreign nationals in Dutch custodial institutions who are obliged to leave the Netherlands. Insofar as is possible, the staff of the VRIS Unit arrange for criminal foreign nationals to leave the Netherlands once they have served their custodial sentence. 14

15 Directorate for International Affairs The Directorate for International Affairs is responsible for ensuring that foreign nationals have access to other countries. The DT&V maintains contact with the central authorities in the countries of origin and the diplomatic representatives of those countries in the Netherlands or Belgium. The DT&V does this in close consultation with the Dutch Ministry of Foreign Affairs and Dutch embassies. This Directorate handles all applications for new or replacement travel documents to ensure that foreign nationals are entitled to travel to their own or an alternative country. As part of this process the directorate contacts the diplomatic representatives of the countries of origin in the Netherlands and Belgium to determine nationality and identity. The directorate also handles applications for the implementation of European readmission agreements. The Directorate for International Affairs is also responsible for allocating funding provided by the Ministries of Security and Justice and Foreign Affairs to projects that promote independent repatriation. These projects are implemented by the International Organisation for Migration (IOM) and various non-governmental organisations (NGOs) based in the Netherlands. It is imperative that the DT&V maintains effective working relationships with the cooperating partners involved in the process, to make the proper departure arrangements for special categories of foreign nationals, such as unaccompanied minors, individuals who pose a threat to public order and safety and anyone with certain medical issues. Intensive contact with international organisations and foreign authorities is also essential in this respect Staff In addition to our three directorates, the DT&V also has two staff units Operational Management Unit The Operational Management Unit provides various support services for the General Director and the three directorates. These include (advising the management on) staff and organisation management, general and technical support, accommodation, procurement, communication and financial management. This Unit is also responsible for providing information and managing the planning and control cycle, including the budget process. Strategic Advice Unit The Strategic Advice Unit supports the management and the primary process by providing advice. It acts as the initial point of contact for the primary process in which policy-related issues are concerned and is jointly responsible for developing implementation policy. This Unit maintains the administrative organisation and develops and updates our operational protocols 15

16 The DT&V coordinates the departure of foreign nationals 16

17 5The key partners 17

18 The DT&V works closely with various partners, both inside the immigration process and beyond. Our key partners are Immigration and Naturalisation Service (IND) The IND is responsible for implementing admission policy in the Netherlands. It processes all applications submitted by foreign nationals seeking residence permits or citizenship in the Netherlands and informs the DT&V if a foreign national is no longer entitled to stay in the country and is therefore removable. This group includes asylum seekers who have exhausted the appeal process and been denied asylum as well as foreign nationals whose residence permit has expired or been revoked. The IND determines the removability of the foreign national in question and advises the DT&V accordingly. As the organisation in charge of admission, the IND is invariably the agency that makes this decision. For more information visit Central Agency for the Reception of Asylum Seekers (COA) The COA is the organisation responsible for the reception and supervision of asylum seekers. Working on behalf of the Dutch State Secretary of Security and Justice, the COA arranges accommodation for people in a vulnerable position and helps them prepare for their future, either in the Netherlands or elsewhere. The DT&V works closely with the COA to arrange and supervise the departure of foreign nationals who have exhausted the appeal process and are no longer entitled to stay in the Netherlands. This includes eliminating factors that might hinder the departure of foreign nationals who have exhausted the appeal process. The DT&V focuses on arranging their departure while the COA concentrates on helping these people prepare for their future. For more information visit Royal Netherlands Marechaussee (RNLM) The RNLM is a police corps with military status. Its tasks include border control at airports and seaports in the Netherlands. People who enter or leave the Schengen Area via the Netherlands undergo a personal security check conducted by the RNLM at a border crossing point. There are two aspects to the DT&V relationship with the RNLM during the departure process: The RNLM transfers illegal foreign nationals to the DT&V. The RNLM is responsible for chaperoning foreign nationals who are forced leave the Netherlands. For more information visit 18

19 Police The police are responsible for ensuring that foreign nationals abide by the law while they are in the Netherlands. They focus on preventing abusive situations and exploitation and address public order offences and crime. There are two aspects to the DT&V relationship with the police during the departure process: The police transfer foreign nationals detained in the process of national supervision to the DT&V to facilitate their departure from the Netherlands. In cases involving criminal prosecution the police transfer foreign nationals to the DT&V to facilitate their departure from the Netherlands. For more information visit Custodial Institutions Agency (DJI) The DJI works on behalf of the Ministry of Security and Justice and is responsible for enforcing sentences and custodial measures, such as the detention of foreign nationals who are forced to leave the country. The DT&V relationship with the DJI includes the following aspects: The DT&V supervises the repatriation of foreign nationals detained by the DJI. The DJI provides practical support to facilitate the departure of foreign nationals. The DJI provides accommodation for DT&V representatives at detention sites. The DJI transports foreign nationals. For more information visit Ministry of Foreign Affairs The Ministry of Foreign Affairs (BZ) liaises between the Dutch government and the governments of other countries. It also facilitates communication between the Dutch government and international organisations. This ministry plays an important role in negotiating working agreements with (immigration) authorities in countries of origin and developing national repatriation and departure strategies. The DT&V allocates the funding provided by the ministry s Migration and Development grant for permanent repatriation. For more information visit 19

20 6Other partners

21 International Organisation for Migration (IOM) In line with an agreement signed with the Dutch government in 1991, the IOM provides support services for foreign nationals who choose to depart from the Netherlands and return to their country of origin of their own accord and those who are able to relocate to another country. These services include the provision of information and advice, the arrangement of transport and assistance with travel documents. Where possible, the IOM provides a financial contribution to help the person bridge the initial period after returning. Certain groups are eligible for an additional reintegration contribution. The IOM strives to tailor the departure procedure to the individual, always taking his or her personal situation into account. The IOM is not part of the Dutch government. It is an international organisation that operates independently. Its activities in the Netherlands are funded by the Ministry of Security and Justice, the Ministry of Foreign Affairs and the European Union. For more information visit Dutch Council for Refugees (VWN) VWN is an independent organisation that defends the rights of refugees and asylum seekers in the Netherlands from their arrival up to their integration in Dutch society. It provides foreign nationals with information about admission and repatriation procedures. Support for foreign nationals also includes monitoring the implementation practices of the organisations involved in processing asylum applications. VWN staff answer all kinds of questions and advise foreign nationals on matters such as migration to another country, repatriation and aspects of distressing and no fault cases. For more information visit Association of Netherlands Municipalities (VNG) The Association of Netherlands Municipalities acts as an advocate, service provider and platform for all municipalities. It also implements projects that serve a municipal interest - often in cooperation with government departments and social service agencies. The government confers with the VNG and municipal authorities at an administrative level. Our work with municipalities helps ensure that illegal foreign nationals leave the Netherlands and do not end up on the streets. Cooperation with municipal authorities, which includes exchanging information that is relevant to the issue of repatriation, is a key factor in the consistent implementation of repatriation policy. For more information visit 21

22 Working together with all of the relevant government agencies and social services organisations 22

23 Contact Public Information Service for the Government of the Netherlands, telephone: 1400 (Lines are open from 8am to 8pm, Monday to Friday). Inquiries about cases For inquiries about a current case, please contact the DT&V supervisor assigned to the case. In accordance with the Personal Data Protection Act (Wbp), the DT&V cannot provide information about individual cases to third parties. Contact information can be found on our website. Visit and click Contact in the top right corner of the screen. Repatriation and Departure Service P.O. Box eh The Hague info@dtv.minvenj.nl

24 The Repatriation and Departure Service (DT&V) operates on behalf of the Ministry of Security and Justice. The DT&V is responsible for expediting the voluntary and forced departure of foreign nationals who are not allowed to stay in the Netherlands. DT&V staff act with care and respect for the dignity of each foreign national. The DT&V works with the following groups: Foreign nationals who have been detained as part of the national (mobile) supervision of foreign nationals. Foreign nationals who have been denied entry to the country as part of the border control process. Foreign nationals whose residence permits have been revoked. Foreign nationals who have exhausted the appeal process and have not been granted asylum. The DT&V adopts a personal approach and focuses on case management. The DT&V carries out its task in partnership with other agencies involved in the asylum and migration process. The DT&V also acts as the point of contact for the competent authorities in the countries of origin and their diplomatic representatives. To find out more about the DT&V s work visit