Readmission, Return and Reintegration. Tbilisi, March Tour de Table Compilation

Transcription

1 Readmission, Return and Reintegration Eastern Partnership Panel on Migration and Asylum Tbilisi, March 2013 Tour de Table Compilation

2 PARTICIPATING STATE: THE REPUBLIC OF ARMENIA A. Return: 1. If your legislation provides that an entry ban should accompany a return and/or removal decision, what are the lengths of entry bans used in your country? 2. If you issue entry bans, how many have been issued during 2011 and the first half of 2012? What are the top five nationalities receiving entry bans? How many entry bans have been issued for citizens of the Eastern Partners? 3. What procedures do you have in place to ensure the identity of a person to be returned/readmitted? 4. How are special needs of vulnerable persons taken into account during the return process? B. Readmission According to Article 8 of the RA Law On Foreigners the issuance of an entry visa to a foreigner is refused, the issued entry visa is revoked, or the entry into the Republic of Armenia is banned, if the foreigner has been expelled from the territory of the Republic of Armenia or has been deprived of residence status, and three years have not elapsed upon the entry into force of the decision on expulsion or deprivation of residence status. Only one entry ban was issued to a citizen of Iraq in The domestic procedures ensuring the identification of a person to be returned/readmitted are regulated by the protocols of the readmission agreements. This issue is regulated by already signed readmission agreements, as well as by reintegration projects carried out jointly with other states. The Requesting State sends an official request to the authorized state 1 body of the Requested State in order to clarify the citizenship of the person to be readmitted/returned. The nationality of the person to be readmitted can be clarified via proven, i.e. valid identity card, valid passport or substitute passport (laissez-passer, certificate of repatriation) or primafacie evidence (expired identity document, passport, conscription card or military book, driving license, birth certificate, etc.) 1 Various responsible bodies are defined by different bilateral agreements (with the Czech Republic, Russian Federation, Norway, Sweden is the State Migration Service of Armenia, with the BeNeLux countries, Bulgaria, Germany is the Ministry of Foreign Affairs, with Denmark is the Police of Armenia) Page 2

3 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March If you are a receiving state, what are your requirements that need to be fulfilled in order to establish the nationality of the person to be readmitted? 6. What communication channels do you use when communicating with sending/receiving states for transferring and/or controlling information concerning the identity of a person to be returned/readmitted? 7. Has your country readmitted/asked for readmission third country nationals (ie not own nationals)? If so, what treatment and rights are applied/provided to such persons? What are the challenges in treating this group of persons and what happens to them after their readmission? 8. If no such readmissions are requested, please provide the reasons why (no need, readmission directly to the country of origin etc).". , regular mail and fax are the main communication channels. No readmission case of third country nationals in the framework of the readmission agreements signed by the State Migration Service (SMS) has been so far. Though readmission agreements stipulate requirement on readmission of third-country nationals, Armenia has not readmitted any third country nationals within the readmission agreements signed by the SMS. C. Reintegration: 9. What mechanisms do you have in place for reintegrating a person returning from another country? First of all it should be mentioned that the 8 th point On support of the return of the RA citizens of Armenia, as well as their further reintegration process of Action Plan for Implementation of the Concept for the Policy of the State Regulation of Migration in the RA stipulates 4 actions: further improvement of internet information system supporting the return of the RA citizens from foreign countries; running employment programmes and introduction of new ones directed at re-integration of returning RA citizens in the labour market; establishing advisory services for the RA citizens returning to Armenia within the state bodies working with migrants, activation of cooperation with the NGOs operating in this sector; holding negotiations with receiving countries on Page 3

4 supporting the returning citizens in re-integration in Armenia. The Action Plan envisages not only the activity, but also the expected outcome, actions, the responsible bodies, timeframe and monitoring indicators for action implementation. Besides, the reintegration programs are being carried out jointly with the sending country and NGO or international organization functioning in the country. There are certain mechanisms, such as: financing income-generating activities (support to starting and existing businesses); requalification trainings; education of children; medical support (implemented by the IOM, People in need NGO, the French Armenian Foundations, Armenian Caritas) Moreover, another program titled Strengthening Armenia s migration management capacities with special focus on reintegration activities operates in the framework of EU-Armenia Mobility Partnership. Program is being realized by 7 EU MS (France, Belgium, Bulgaria, the Czech Republic, Germany, the Netherlands and Sweden). The French office for immigration (OFFI) and integration will chair the process of the program realization. 10. When returning someone, do you provide any special programs for improving the possibility for the person to be return to reintegrate in the country of origin? Program on Support of return of RA citizens from Netherlands (implementers are International Center for Human Development (ICHD), Ministry of Justice of Netherlands, Ministry of Interior of Netherlands) aimed at reintegration of both forced and voluntary returned people. Return to Sources program (French Office of Immigration and Integration (OFII), Association Arménienne d Aide Sociale (AAAS), French Armenian Development Foundation (FADF)) IOM large list of the EU countries PINF (People in Need) large list of countries 11. Which authorities are involved with reintegration in your country? 12. Is there involvement of non-governmental organizations in The State Migration Service of the RA Ministry of Territorial Administration, RA Ministry of Health, State Employment Service Agency of the RA Ministry of Labour and Social Affairs, Small and Medium Entrepreneurship development national center of Armenia are the state authorities involved in reintegration. Several NGO-s and international organizations are involved in the reintegration programs (e.g., International Center for Human Development NGO, IOM Armenia, Caritas, French Armenian Page 4

5 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 reintegration processes in your country? If so please specify Development Foundation, People in Need ). 13. Are there any special projects for reintegration that is done in cooperation with other states and/or international organizations? 14. Do you have any special mechanisms for reintegrating vulnerable persons? If so, what are the special mechanisms and what groups of vulnerable persons are targeted? Yes, see the answers to the 10 th and 16 th questions. In relation to special mechanisms for reintegration of vulnerable persons, they are listed in the answer to the 9 th question. Targeted vulnerable group is comprised of those needing medical care (in fact these are people who need to continue their treatment upon arrival in Armenia). Cases including unaccompanied minors are less. PARTICIPATING STATE: THE REPUBLIC OF AZERBAIJAN A. Return: The legislation does not provide for the length of entry bans. However, in the practice it is limited to five years or until the reasons for the entry ban cease to exist. Entry bans could be issued in any following cases: 1. If your legislation provides that an entry ban should accompany a return and/or removal decision, what are the lengths of entry bans used in your country? - threat to national security or public order; - necessity to ensure the rights and legitimate interests of Azerbaijani nationals or other persons; - violation of Azerbaijani laws during previous stay; - provision of false personal information for entering Azerbaijan; - if the person s state of health endangers public health (exception are made for those who come to Azerbaijan for medical treatment); - he/she is unacceptable or unwelcome person. 2. If you issue entry bans, how many have been issued during 2011 and the first half of 2012? What are the top five In 2011, entry bans were issued for 2004 persons, while in the first half of 2012 it was 718. Top five nationalities in 2011 were as follows: Russian Federation 660; Pakistan 436; China 263; Turkey 203; and Uzbekistan 66. In the first half of 2012 they were following: Russian Federation 168; Page 5

6 nationalities receiving entry bans? How many entry bans have been issued for citizens of the Eastern Partners? Turkey 129: Uzbekistan 114; Pakistan 71; China 55. EaP countries nationals who received entry bans in 2011 were: Ukraine 44; Georgia 23; Moldova 10; and Belarus 9. In the first half of 2012 they were as follows: Moldova 29; Ukraine 28; Georgia 20; Belarus What procedures do you have in place to ensure the identity of a person to be returned/readmitted? In order to identify whether any person living abroad has the nationality of the Republic of Azerbaijan, they are required to fill in the special application form and attach following evidence: copy of the identity cards, copy of the military service book, CV; 3x4 photos; copies of the ID cards of parents of children under the age of 18, copies of his/her (and in case of children under 18, his\her parents ) official papers on registration at any domicile in the Republic of Azerbaijan, copy of a document certifying his/her settlement in in the Republic of Azerbaijan as a refugee. The person can be interviewed in order to confirm the nationality. 4. How are special needs of vulnerable persons taken into account during the return process? The Azerbaijani legislation does not provide for specific procedures for all those categories of persons as defined in the EU s Return Directive (2008/115/EC ). However, in accordance with the Azerbaijani Law on Combating Trafficking in Human Beings, if any foreign country national or stateless person is identified as the victim of trafficking he/she cannot be deported/expelled from Azerbaijan for the next one year period. After the expiration of this one year period, provided that this person cooperates with the investigation authorities, he/she cannot be returned until after the prosecution is over. Moreover, the children who are the trafficking victims cannot be returned to their countries or parents unless the possibility that they could again be a trafficking victim is totally excluded. While taking a decision on returning the children above the age of 10 to their countries or parents the children s opinion is taken into due account. If the victim of trafficking wishes to exit the Republic of Azerbaijan, the Azerbaijani authorities provide all necessary assistance for them to be issued with proper travel documents and bear travel and other expenses. B. Readmission So far, then Republic of Azerbaijan has not concluded any readmission agreement with other countries. There are ongoing negotiations with the EU and Norway. Following the request made by the Dutch Return Service and German Bureau for Foreigners, the representatives of the State Migration Service of Page 6

7 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 Azerbaijan have visited the Netherlands and Germany several times in order to identify the citizenship of presumably Azerbaijani nationals who could be returned to Azerbaijan. 5. If you are a receiving state, what are your requirements that need to be fulfilled in order to establish the nationality of the person to be readmitted? 6. What communication channels do you use when communicating with sending/receiving states for transferring and/or controlling information concerning the identity of a person to be returned/readmitted? 7. Has your country readmitted/asked for readmission third country nationals (ie not own nationals)? If so, what treatment and rights are applied/provided to such persons? What are the challenges in treating this group of persons and what happens to them after their readmission? 8. If no such readmissions are requested, please provide the reasons why (no need, readmission directly to the country of origin etc)." C. Reintegration: There is not any special program on reintegration. However, specific measures are envisaged to ensure social protection and employment of returning persons. Moreover, there are shelters for vulnerable people, particularly victims of trafficking which provide for their rehabilitation. There is the Centre for Assistance to the Victims of Trafficking in Human Beings functioning under the Ministry of Labor and Social Protection of Population. The Centre ensures psychological assistance to the victims and their Page 7

8 families, medical rehabilitation, vocational training, refresher courses, assistance in employment and finding housing. 9. What mechanisms do you have in place for reintegrating a person returning from another country? 10. When returning someone, do you provide any special programs for improving the possibility for the person to be return to reintegrate in the country of origin? 11. Which authorities are involved with reintegration in your country? 12. Is there involvement of non-governmental organizations in reintegration processes in your country? If so please specify Are there any special projects for reintegration that is done in cooperation with other states and/or international organizations? 14. Do you have any special mechanisms for reintegrating vulnerable persons? If so, what are the special mechanisms and what groups of vulnerable persons are targeted? - - Page 8

9 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 PARTICIPATING STATE: BELGIUM A. Return: 1. If your legislation provides that an entry ban should accompany a return and/or removal decision, what are the lengths of entry bans used in your country? 2. If you issue entry bans, how many have been issued during 2011 and the first half of 2012? What are the top five nationalities receiving entry bans? How many entry bans have been issued for citizens of the Eastern Partners? 3. What procedures do you have in place to ensure the identity of a person to be returned/readmitted? Max. 3 years for irregular staying (overstayers, flight risk, ) Max. 5 years if fraud to obtain entry or staying in Belgium Max. 8 years if public order (recently condemned, or still an actual risk for national security or public order) 10 years if public order / national security and if the person had a right to stay in Belgium (right to stay will be revoked) Only entry bans 10 years since Return Directive only came into force in Belgian Law from July 2, year bans 2011: year bans 2012: 553 (for the whole year) Nationality Albania 8 21 Armenia 2 3 Azerbaidjan 1 Bosnia-Herzegovina 1 5 Croatia 3 Georgia 9 3 Kazakhstan Kosovo 5 5 FYROM 2 6 Moldova 2 Montenegro 1 Russian Federation 9 7 Serbia 5 16 Ukraine 3 2 all depends on nationality and available information, as well as the will to co-operate from the returnee used possibilities: questionnaires, interviews (by Immigration Office, by Embassy or Consulate, by interview delegations), finger print comparison (for some third countries), also with national and international finger print and other databases (criminal records, asylum database, SIS, VIS this last one in the future), information obtained from returnee during different procedures, 4. How are special needs all depends on the nature of the vulnerability and the background of the returnee if possible return with Page 9

10 of vulnerable persons taken into account during the return process? AVRR (re-integration support, ), or medical assistance (going for medication and ensure provision of these medication post arrival, to accompanying by doctor, nurse, psychologist, social assistant, all depends on the case), or specific assistance post arrival linked to the fact that they were former victims of human trafficking, etc. Support can be in kind or financial or combination. Post arrival assistance will be provided through NGO s or hospitals, or specific doctors, etc. B. Readmission 5. If you are a receiving state, what are your requirements that need to be fulfilled in order to establish the nationality of the person to be readmitted? 6. What communication channels do you use when communicating with sending/receiving states for transferring and/or controlling information concerning the identity of a person to be returned/readmitted? 7. Has your country readmitted/asked for readmission third country nationals (ie not own nationals)? If so, what treatment and rights are applied/provided to such persons? What are the challenges in treating this group of persons and what happens to them after their readmission? 8. If no such readmissions are requested, please provide the reasons why (no need,. Proof of nationality can be passport or identity card or certificate of nationality indications of nationality: drivers license, birth certificate, marriage certificate, copies of PP, copy of ID card, complete identity and photograph (can be controlled in national register and in register of issued ID cards with photograph) all depends on the receiving state: by letter, by mail, by fax No, we normally always send the returnees back to their country of origin see 7 Page 10

11 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 readmission directly to the country of origin etc)." C. Reintegration 9. What mechanisms do you have in place for reintegrating a person returning from another country? 10. When returning someone, do you provide any special programs for improving the possibility for the person to be return to reintegrate in the country of origin? 11. Which authorities are involved with reintegration in your country? 12. Is there involvement of non-governmental organizations in reintegration processes in your country? If so please specify See : yes, if possible see above mentioned websites Federal Agency for Reception of Refugees: see Caritas Catholica International Organization for Migration (IOM) 13. Are there any special projects for reintegration that is done in cooperation with other states and/or international organizations? 14. Do you have any special mechanisms for reintegrating vulnerable persons? If so, what are the special mechanisms and what groups of vulnerable persons are targeted? Yes in framework of European Return Fund (ERI project) See above mentioned websites + also a specific reintegration project in the framework of forced return ( special needs EU return fund detainees with need for medical assistance, etc.) Page 11

12 PARTICIPATING STATE: ESTONIA A. Return: 1. If your legislation provides that an entry ban should accompany a return and/or removal decision, what are the lengths of entry bans used in your country? According to Estonian legislation in the return decision the entry ban shall be applied with regard to an alien up to three years. If an alien poses a danger to public order or national security, the length of the entry ban is five years. Entry bans issued during 2011 Citizenship 2011 Russian Federation 147 Georgia 17 Ukraine 14 Armenia 7 China 7 Other countries 72 Total If you issue entry bans, how many have been issued during 2011 and the first half of 2012? What are the top five nationalities receiving entry bans? How many entry bans have been issued for citizens of the Eastern Partners? Entry bans issued in the first half of 2012 Citizenship 2012 Russian Federation 40 Georgia 20 Vietnam 11 Ukraine 9 Armenia 6 Total 86 Entry bans issued for citizens of the Eastern Partners during 2011 Citizenship 2011 Georgia 17 Ukraine 14 Armenia 7 Belarus 6 Azerbaijan 2 Moldova 1 Total 47 Page 12

13 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March What procedures do you have in place to ensure the identity of a person to be returned/readmitted? Entry bans issued for citizens of the Eastern Partners in the first half of 2012 Citizenship 2012 Georgia 20 Ukraine 9 Armenia 6 Belarus 5 Azerbaijan 1 Total 41 Main activities are: Cross use of databases and automatized data exchange; Consultations with competent authorities and foreign missions (consuls) of countries of origin. 4. How are special needs of vulnerable persons taken into account during the return process? A cooperation agreement between the Ministry of the Interior and the Estonian Red Cross was signed on in order to ensure that third country nationals are treated during the return process in a humane and dignified manner and special needs of vulnerable persons are taken into account. Estonian Red Cross has right to observe the compliance of the exercise of expulsion of an alien with the procedural requirements, visit expulsion centre and provide opinions and recommendations to the Ministry of the Interior. As an independent official the Chancellor of Justice has also duty to ensure that the rights of children are protected. All needed assistance (e.g. medical, psychological and financial help) is funded from the state budget and EU Return Fund. B. Readmission 5. If you are a receiving state, what are your requirements that need to be fulfilled in order to establish the nationality of the person to be readmitted? 6. What communication channels do you use.to establish the nationality of the person we need at least the following data: 1) Full name; 2) date of birth or personal code; 3) document number, if possible. For such purposes we use diplomatic channels as well as direct contact points with the competent authorities of countries of origin. Page 13

14 when communicating with sending/receiving states for transferring and/or controlling information concerning the identity of a person to be returned/readmitted? 7. Has your country readmitted/asked for readmission third country nationals (ie not own nationals)? If so, what treatment and rights are applied/provided to such persons? What are the challenges in treating this group of persons and what happens to them after their readmission? We use postal service, diplomatic post or fax. As general principle Estonia gives priority to returning third country nationals to their country of origin. In accordance with the readmission agreements the third country nationals can be returned if the person concerned: 1) holds, at the time of submission of the readmission application, a valid visa or a valid residence permit issued by the requested Contracting Party; 2) unlawfully entered the territory of the requesting Contracting Party directly from the territory of the requested Contracting Party. Provisions of the accelerated procedure are included in the implementing protocols of the readmission agreements. Based on the above-mentioned grounds of the readmission agreements Estonia returned 31 third country nationals in 2011 and 32 third country nationals in If no such readmissions are requested, please provide the reasons why (no need, readmission directly to the country of origin etc)." - C. Reintegration: 9. What mechanisms do you have in place for reintegrating a person returning from another country? The Integration and Migration Foundation Our People (MISA) has tasks to promote integration processes in Estonia, to coordinate activities related to immigration and emigration, to publish information in this regard and to produce overviews. The Foundation offers counselling for returning citizens and expatriates on migration issues and gives them financial support when necessary. Page 14

15 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March When returning someone, do you provide any special programs for improving the possibility for the person to be return to reintegrate in the country of origin? VARRE is a project carried out by the Tallinn Office of International Migration Organization and aims to support the Government of Estonia in implementing an assisted voluntary return and reintegration (AVRR) framework in Estonia. Re-emigration support given by MISA is available for foreigners who have been permanently living in Estonia for at least the last ten years and who wish to annul their Estonian living permit and move to their homeland or another country. 11. Which authorities are involved with reintegration in your country? Ministry of Culture, Ministry of Internal Affairs, Ministry of Social Affairs, Ministry of Research and Education, NGO-s. 12. Is there involvement of non-governmental organizations in reintegration processes in your country? If so please specify Yes. The Integration and Migration Foundation Our People (MISA) has tasks to promote integration processes in Estonia, to coordinate activities related to immigration and emigration, to publish information in this regard and to produce overviews. 13. Are there any special projects for reintegration that is done in cooperation with other states and/or international organizations? No. 14. Do you have any special mechanisms for reintegrating vulnerable persons? If so, what are the special mechanisms and what groups of vulnerable persons are targeted? No. Page 15

16 PARTICIPATING STATE: THE REPUBLIC OF GEORGIA A. Return: 1. If your legislation provides that an entry ban should accompany a return and/or removal decision, what are the lengths of entry bans used in your country? 2. If you issue entry bans, how many have been issued during 2011 and the first half of 2012? What are the top five nationalities receiving entry bans? How many entry bans have been issued for citizens of the Eastern Partners? 3. What procedures do you have in place to ensure the identity of a person to be returned/readmitted? 4. How are special needs of vulnerable persons taken into account during the return process? Law of Georgia on Legal Status of Foreigners and Stateless People. N/A Only the procedures foreseen by the Agreement between the European Union and Georgia on the readmission of persons residing without authorization. The Mobility Centre (MC) of the EU funded project on Targeted Initiative for Georgia (TIG) is on permanent basis informed on majority of the flights for the readmission. If the sending authority informs on any special need for the returned person, the MC counselors are in advance defining the relevant service provider(s) which can provide the returnee with immediate assistance upon the arrival at Tbilisi Airport. Such assistance is a part of the service provided by the MC, however the project is not capable to cover the related costs and therefore it informs the respective EU member state s sending authority and thus facilitates the provision of service requested. In some cases the MC was directly approached by sending authority to ensure the assistance for vulnerable persons (unaccompanied minor, disabled, person with psychiatric disorder, etc.). In such cases the contract on provision of services was concluded between the project and the Georgian Service provider with payment for the service done by sending authority. Page 16

17 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 B. Readmission Requirements for the verification of citizenship of a person to be readmitted or for valid assumption of a citizenship, are laid down in Annex 1 and 2 of the Agreement between the European Union and Georgia on readmission of persons residing without authorization. These are: Common list of documents, which are considered to be proof for citizenship (Annex 1) / (ARTICLES 2 (1), 4 (1) AND 8 (1)): All type of passports (national, diplomatic, service, collective, surrogate and children s passports); Identity cards (including temporary and provisional ones); Citizenship certificates and other official documents that mention or clearly indicate the citizenship. 5. If you are a receiving state, what are your requirements that need to be fulfilled in order to establish the nationality of the person to be readmitted? Common list of documents which are considered as Prima Facie evidence of nationality (annex 2) / (ARTICLES 2 (1), 4 (1) and 8 (2)): Where the Requested State is either one of the Member States or Georgia: Documents listed in Annex 1, the validity of which has expired by more than 6 months; Photocopies of any of the documents listed in Annex 1 to the EU-GEO Agreement on readmission; Driving licenses or photocopies thereof; Birth certificates or photocopies thereof; Company identity cards or photocopies thereof; Statements by witnesses; Statements made by the person concerned and language spoken by him/her, including by means of an official test result; Any other document which may help to establish the nationality of the person concerned; Service books and military identity cards; Seaman s registration books and skippers service cards; Laissez-passer issued by the Requested State; Where the Requested State is Georgia: o Confirmation of identity as a result of a search carried out in the Visa Information System ( 1 ); o In the case of Member States not using Page 17

18 the Visa Information System, positive identification established from visa application records of those Member States. 6. What communication channels do you use when communicating with sending/receiving states for transferring and/or controlling information concerning the identity of a person to be returned/readmitted? Communication of information is carried out via electronic means (secured , fax) as well as via diplomatic mail (handed-over personally). There has been a Mobility Centre established in the framework of the EU funded project Support reintegration of Georgian returning migrants and the implementation of the EU-Georgia Readmission Agreement. The MC operates as an information hub with the main aim to reorient returning migrants to different service providers according to their specific reintegration needs. There are two ways for the beneficiaries to find the Mobility Centre and utilize its services. 7. Has your country readmitted/asked for readmission third country nationals (ie not own nationals)? If so, what treatment and rights are applied/provided to such persons? What are the challenges in treating this group of persons and what happens to them after their readmission? A) Majority of the readmission flights which are announced to the responsible Authorities within the government of Georgia are simultaneously announced to the MC, which counselors assist the Ministry of the Internally Displaced Persons from Occupied Territories, Accommodation and Refugees in implementation of the readmission agreement from the reintegration assistance perspective. In practice it means that each readmission flight which has been communicated to the Ministry is directly assisted by project directly at the Tbilisi Airport. Joint team of the Ministry and the TIG project staff provides those returnees who show the interest with the summarized information on services available within the MC and gives a printed leaflet which apart of short description of the services contains address, phone numbers and other contact details of MC for any further use by returnee. B) The MC has been established at the premises of the Ministry of the Internally Displaced Persons from Occupied Territories, Accommodation and Refugees of Georgia, which is the main partner of the project and further successor of MC and its services. The MC is open on a daily basis: Monday Friday. On Tuesday it works from 11:00 to 17:00, on other days from 10:00 to 16:00 (Lunch break is at 13:00-14:00). There is no need to make an appointment in advance. Each person addressing the MC goes through the initial interview where the individual reintegration needs are investigated as well as his/her eligibility to become a beneficiary of the services provided by the project. There is no precondition to be fulfilled and provided Page 18

19 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 with the general counseling for which the vast majority of MC visitors are considered eligible. The precondition needs to be fulfilled in case the returnee requests assistance in kind. This type of assistance could be provided either as temporary accommodation, medical if that is considered as necessity for further reintegration, vocational training and employment, as well as counseling (these services are interrelated and provided in cooperation between MC and 2 Job Counseling and Placement centers which has been established and are fully financed by the project in Tbilisi and Kutaisi. Both centers have been established as an extension of the network of JCPs run by the International Organization for Migration a local partners of the project). Last but not least the assistance could also be provided in a form of micro business grant supporting new entrepreneurs who considered (and are simultaneously considered by the project) self-employment as the best way of their reintegration. In all cases where contribution is requested (medical assistance, accommodation, VET and micro business granting) the beneficiary has to prove that s/he stayed abroad for minimum 6 uninterrupted months and returned to Georgia max.12 months before s/he addresses the MC requesting for reintegration assistance. As specified above there are various services provided by MC assisting returning migrants in reintegration. The temporary accommodation is mainly provided for a few days to those who stayed abroad for a long period of time and needs some time to reestablish family ties and find decent accommodation. If considered necessary a one night accommodation assistance is also available to those who are met at the Tbilisi Airport. 8. If no such readmissions are requested, please provide the reasons why (no need, readmission directly to the country of origin etc)." Substantive part of MC services is focused on reintegration in the labor market. After the in depth initial interview is done with the beneficiary in MC the best way of reintegration assistance is defined jointly by MC counselor and the beneficiary. In case the beneficiary wishes to be assisted in finding employment or feels a need for additional education to increase his/her chances to succeed at the labor market s/he is referred to the Job Counseling and Placement Centre where more detailed interview regarding previous education, working experiences and different skills possessed by the beneficiary is done by the JCP counselor, based on which the most suitable vocational training is suggested to the beneficiary. Costs of the training (for eligible beneficiaries of the project, see Q n 7) are covered by the project. In case the beneficiary considers self-employment as the best option for his/her reintegration s/he is Page 19

20 requested to bring the business idea and if it s feasible s/he is subscribed for the micro business training. The training is compulsory for all beneficiaries who would like to request the TIG micro business grant. In the frame of the training all beneficiaries are assisted by the trainer to develop their business ideas into a business plan. Only completed business plan could be submitted to the TIG Evaluation Committee which selects business plans for granting. C. Reintegration: There has been a Mobility Centre established in the framework of the EU funded project Support reintegration of Georgian returning migrants and the implementation of the EU-Georgia Readmission Agreement. The MC operates as an information hub with the main aim to reorient returning migrants to different service providers according to their specific reintegration needs. There are two ways for the beneficiaries to find the Mobility Centre and utilize its services. 9. What mechanisms do you have in place for reintegrating a person returning from another country? A) Majority of the readmission flights which are announced to the responsible Authorities within the government of Georgia are simultaneously announced to the MC, which counselors assist the Ministry of the Internally Displaced Persons from Occupied Territories, Accommodation and Refugees in implementation of the readmission agreement from the reintegration assistance perspective. In practice it means that each readmission flight which has been communicated to the Ministry is directly assisted by project directly at the Tbilisi Airport. Joint team of the Ministry and the TIG project staff provides those returnees who show the interest with the summarized information on services available within the MC and gives a printed leaflet which apart of short description of the services contains address, phone numbers and other contact details of MC for any further use by returnee. B) The MC has been established at the premises of the Ministry of the Internally Displaced Persons from Occupied Territories, Accommodation and Refugees of Georgia, which is the main partner of the project and further successor of MC and its services. The MC is open on a daily basis: Monday Friday. On Tuesday it works from 11:00 to 17:00, on other days from 10:00 to 16:00 (Lunch break is at 13:00-14:00). There is no need to make an appointment in advance. Each person addressing the MC goes through the initial interview where the individual reintegration needs are investigated as well as his/her eligibility to become a beneficiary of the services provided by the project. There is no precondition to be fulfilled and provided with the general counseling for which the vast majority Page 20

21 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 of MC visitors are considered eligible. The precondition needs to be fulfilled in case the returnee requests assistance in kind. This type of assistance could be provided either as temporary accommodation, medical if that is considered as necessity for further reintegration, vocational training and employment, as well as counseling (these services are interrelated and provided in cooperation between MC and 2 Job Counseling and Placement centers which has been established and are fully financed by the project in Tbilisi and Kutaisi. Both centers have been established as an extension of the network of JCPs run by the International Organization for Migration a local partners of the project). Last but not least the assistance could also be provided in a form of micro business grant supporting new entrepreneurs who considered (and are simultaneously considered by the project) self-employment as the best way of their reintegration. In all cases where contribution is requested (medical assistance, accommodation, VET and micro business granting) the beneficiary has to prove that s/he stayed abroad for minimum 6 uninterrupted months and returned to Georgia max.12 months before s/he addresses the MC requesting for reintegration assistance. As specified above there are various services provided by MC assisting returning migrants in reintegration. The temporary accommodation is mainly provided for a few days to those who stayed abroad for a long period of time and needs some time to reestablish family ties and find decent accommodation. If considered necessary a one night accommodation assistance is also available to those who are met at the Tbilisi Airport. 10. When returning someone, do you provide any special programs for improving the possibility for the person to be return to reintegrate in the country of origin? Substantive part of MC services is focused on reintegration in the labor market. After the in depth initial interview is done with the beneficiary in MC the best way of reintegration assistance is defined jointly by MC counselor and the beneficiary. In case the beneficiary wishes to be assisted in finding employment or feels a need for additional education to increase his/her chances to succeed at the labor market s/he is referred to the Job Counseling and Placement Centre where more detailed interview regarding previous education, working experiences and different skills possessed by the beneficiary is done by the JCP counselor, based on which the most suitable vocational training is suggested to the beneficiary. Costs of the training (for eligible beneficiaries of the project, see Q n 7) are covered by the project. In case the beneficiary considers self-employment as the best option for his/her reintegration s/he is requested to bring the business idea and if it s feasible Page 21

22 s/he is subscribed for the micro business training. The training is compulsory for all beneficiaries who would like to request the TIG micro business grant. In the frame of the training all beneficiaries are assisted by the trainer to develop their business ideas into a business plan. Only completed business plan could be submitted to the TIG Evaluation Committee which selects business plans for granting. 11. Which authorities are involved with reintegration in your country? Starting with the readmission process it is the Department of Patrol Police, Ministry of Foreign Affairs, and Ministry of the Interior. For issuance of the identity documents it is the Public Service Development Agency under the Ministry of Justice. Reintegration assistance is provided by the Ministry of the Internally Displaced Persons from Occupied Territories, Accommodation and Refugees which at the moment coordinates the reintegration activities although not supports any assistance financially. In particular cases the project cooperates with the Social Service Agency, the State Care Agency, Ministry of Labour, Health and Social Affairs of Georgia. Free of charge State and municipal programs are also actively used (free dinners in Tbilisi and Regions, municipal medical programs etc.). 12. Is there involvement of non-governmental organizations in reintegration processes in your country? If so please specify The project refers beneficiaries to Young Lawyers Association, a local NGO, which provides free legal counseling and representation of client s interests in court procedures. There are also some private agencies, mainly employment (e.g. Key Management Solutions), to which beneficiaries of the project could be referred in case they look for some specific vacancies (hospitality and tourism sectors), New Service (Nannies) and some others. 13. Are there any special projects for reintegration that is done in cooperation with other states and/or international organizations? In December 2010 the leading project implemented under the Mobility Partnership cooperation has been launched in Tbilisi. The TIG project Support reintegration of Georgian returning migrants and the implementation of the EU-Georgia readmission agreement is a three years project designed to facilitate the implementation of the EU-Georgia readmission agreement and in the same time assist Georgian State Authorities in migration management including development of the national Migration Strategy and relevant Action plan. Activities of the project are divided into three components out of which one is dedicated solely to individual reintegration assistance for returning citizens of Georgia. There is no limitation regarding return countries therefore all migrants coming back to Georgia from EU and any other destinations can address the MC established in the framework of the project and request reintegration assistance. The eligibility rules as well as summary of Page 22

23 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 provided services are described under question no Do you have any special mechanisms for reintegrating vulnerable persons? If so, what are the special mechanisms and what groups of vulnerable persons are targeted? Each case is addressed individually. There are no specific services designed by the project document of the TIG to provide assistance to vulnerable person. Still the project team tries to react flexibly to any request and provide assistance to the maximum extend limited only by the eligibility of particular services given by the project document. Apart of C Hepatitis patients there are no other larger specific group of the MC beneficiaries. Majority of specific cases were individual, such as one disabled person (blind), up to 5 cases with various psychiatric diagnosis (including schizophrenia), one unaccompanied minor. All the cases were treated individually according particular needs of the case. PARTICIPATING STATE: GERMANY A. Return: 1. If your legislation provides that an entry ban should accompany a return and/or removal decision, what are the lengths of entry bans used in your country? 2. If you issue entry bans, how many have been issued during 2011 and the first half of 2012? What are the top five nationalities receiving entry bans? How many entry bans have been issued for citizens of the Eastern Partners? 3. What procedures do you have in place to ensure the identity of a person to According to German residence law, expulsion (Sections Residence Act), deportation (Section 58 Residence Act) and removal (Section 57 Residence Act) result in a ban on entry (Section 11 Residence Act). The length of the entry ban is to be set according to the circumstances of the individual case and may exceed five years only if the foreigner has been expelled on the grounds of a criminal conviction or if he or she poses a serious danger to public safety or order. Whether the foreigner has left Germany voluntarily and on time is considered when setting the length of the ban on entry. Please refer to the answer to question 1. No data are available to answer these questions. Persons who cannot verify their identity by means of valid documents must have their photographs and fingerprints taken (Section 49 Residence Act). In the process of deportation, the identity of foreigners Page 23

24 be returned/readmitted? 4. How are special needs of vulnerable persons taken into account during the return process? required to leave the country is verified and the requested state's obligation to readmit them is determined by - exchanging biometric data or checking photographs, - presenting other documents from the country of origin as credible evidence of nationality, - conducting personal hearings with experts from the likely country of origin. Before deportation, the individual case is examined to determine any special needs for assistance on the part of the person being deported during deportation and after arrival in the country of origin, including the following: - medically trained staff to accompany and assist the person during deportation; - prior arrangement for medical supervision upon arrival in the country of origin, if needed; - ensuring that unaccompanied minors are met by family members or a state or charitable youth welfare organization in the country of origin; and - organizational and financial assistance from own local aid projects (e.g. the German return project URA 2 in Kosovo). B. Readmission 5. If you are a receiving state, what are your requirements that need to be fulfilled in order to establish the nationality of the person to be readmitted? 6. What communication channels do you use when communicating with sending/receiving states for transferring and/or controlling information concerning the identity of a person to be returned/readmitted? 7. Has your country readmitted/asked for readmission third country nationals (ie not own nationals)? If so, what treatment and rights are applied/provided to such persons? What are the challenges in treating this group of persons and N.A. All communication with countries of origin requested to readmit own nationals takes place via their consular representations. Returning third-country nationals or stateless persons (not own nationals) to the country of last residence before arrival in Germany (country of last residence) is possible in principle only when explicitly allowed by a bilateral or multinational (EU) readmission agreement with the country of last residence. The procedure for returning such persons is governed by the agreement or its implementing protocol. A special challenge is proving that the requested country is in fact the country of last Page 24

25 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 what happens to them after their readmission? 8. If no such readmissions are requested, please provide the reasons why (no need, readmission directly to the country of origin etc)." residence and that the person in question entered Germany from that country. Such persons are not specially monitored after they enter the country required to readmit them. If third-country nationals or stateless persons cannot be returned to the country of last residence, then these persons are returned to their country of nationality as far as possible in law and fact. C. Reintegration: 9. What mechanisms do you have in place for reintegrating a person returning from another country? 10. When returning someone, do you provide any special programs for improving the possibility for the person to be return to reintegrate in the country of origin? 11. Which authorities are involved with reintegration in your country? 12. Is there involvement of non-governmental organizations in reintegration processes in your country? If so please specify 13. Are there any special Reintegration of returnees is primarily the responsibility of the country to which they return. Nonetheless, reintegration is becoming increasingly important to German return policy. In line with the principle of "helping others help themselves", Germany is therefore active in the countries significant in terms of migration policy, both with its own measures (e.g. the German return project URA 2 in Kosovo) and in collaboration with other EU Member States (e.g. the Franco-German project RACOB in Armenia). As referred to in the answer to question 9, Germany's URA 2 project in Kosovo offers returnees comprehensive advising and assistance. Regardless of their ethnicity or the reasons for their return, returnees receive concrete, practical local assistance to become reintegrated in Kosovo in the form of social and psychological counselling. In addition, the project provides financial assistance and grants, for example to cover the cost of initial home furnishings, rent, wages and business start-ups, special language courses or school supplies. In Armenia, the Franco-German project RACOB assists voluntary returnees with permanent reintegration. This project focuses on labour market reintegration and assistance in starting own businesses. In Germany, the Federal Office for Migration and Refugees (BAMF) prepares and carries out return and reintegration projects at federal level. In Germany, non-governmental organizations, for example charitable and social welfare organizations, are primarily involved in the process of advising persons required to leave the country who wish to do so voluntarily. Such advising is part of the comprehensive approach of Germany's return policy. This approach entails in-depth advising, assistance with organizing and preparing for departure and reintegration in the country of origin. Please see our response to question 10 regarding the Franco-German Page 25

26 projects for reintegration that is done in cooperation with other states and/or international organizations? project in Armenia, RACOB. In addition, Germany is taking part in the project Targeted Initiative Georgia conducted within the framework of the EU Georgia mobility partnership. Along with Germany, the following Member States are involved:belgium, France, Italy, the Netherlands, Poland, Romania, Sweden and the Czech Republic. As well as building capacities in the areas of return and reintegration management and conducting information campaigns on legal labour migration to the EU, one component of the project addresses the social and economic reintegration of Georgians returning from EU Member States or third countries. A mobility centre has opened in Tbilisi, where a team of social workers and psychologists is available to help returnees. As well as immediate aid, individual reintegration plans can be developed as needed. 14. Do you have any special mechanisms for reintegrating vulnerable persons? If so, what are the special mechanisms and what groups of vulnerable persons are targeted? Groups of vulnerable persons receive local assistance and support for reintegration in line with their special needs. PARTICIPATING STATE: HUNGARY A. Return: 1. If your legislation provides that an entry ban should accompany a return and/or removal decision, what are the lengths of entry bans used in your country? According to Subsection (5) and (6) of Section 47 of the Act II of 2007 on the Entry and Stay of Third-Country Nationals, an entry ban shall be ordered with or without expulsion decision for duration of between one year and five years. Entry ban shall be ordered ten years at longest if the third-country national offends the territorial public order or national security. According to paragraphs a) and b) of Subsection (1) of Section 43, persons must not be allowed to enter the territory of Hungary under international commitment; or if he/she is Page 26

27 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 excluded by the decision of the Council of the European Union. In line with paragraphs c)-e), persons representing a threat to national security, public security or public policy; or failing to repay any refundable financial aid received from the State of Hungary; or failing to pay any instant fine or a fine imposed in conclusion of a misdemeanour proceeding within the prescribed deadline, and it cannot be recovered or collected shall be excluded. It duration shall be determined by the competent immigration authority; for a period of up to three years, and it may be extended by maximum three additional years at a time. The exclusion order shall be cancelled forthwith when the grounds therefor no longer exist. According to Subsection (1) of Section 38 of the Act I of 2007 on the Admission and Residence of Persons with the Right of Free Movement and Residence, the duration of an exclusion order shall be determined by the imposing authority. It may not be longer than three years on the first instance, and may be extended by three additional years per occasion if the underlying circumstances still exist at the time of expiry of the exclusion order. Issued entry bans by the Police in If you issue entry bans, how many have been issued during 2011 and the first half of 2012? What are the top five nationalities receiving entry bans? How many entry bans have been issued for citizens of the Eastern Partners? Total 271 Albanian 2 Bosnian 5 Iraqi 3 Unknown 1 Chinese 1 FYROM 2 Moroccan 1 Moldovan 79 Russian 1 Palestinian 1 Serbian 35 Turkish 2 Ukrainian 138 Page 27

28 Issued entry bans by the Police in the 1 st half of 2012 Total 93 Afghan 1 Algerian 1 Bosnian 1 Ecuadorian 1 Cameroonian 1 FYROM 2 Moroccan 1 Moldovan 41 Pakistan 1 Serbian 11 Turkish 3 Ukrainian 29 Total number of expulsions in 2011 is 5,203. 1,247 Ukrainian, 1,369 Serb, 525 Turkish, 494 Moldovan and 179 Croat citizens were expulsed in Furthermore, 1 Armenian, 2 Azeri, 37 Georgian and 34 Belorussian citizens were expulsed in Total number of expulsions in the 1 st half of 2012 is 2, Ukrainian, 738 Serb, 215 Moldovan, 182 Turkish, 154 Croat citizens were expulsed in 1st half of Furthermore, 2 Armenian, 6 Azeri, 26 Georgian and 21 Belorussian citizens were expulsed in 1st half of On the base of the Act II of 2007 Article 49 Paragraph (1) where expulsion is ordered by the court it shall be carried out by the immigration authority. 3. What procedures do you have in place to ensure the identity of a person to be returned/readmitted? The expulsion must be carried out primarily on the basis of readmission agreements. Police is responsible for reception and processing of readmission applications. The readmission agreements effectively are useful for the implementation of the immigration procedures. The national authorities involved in returns are: - Office of Immigration and Nationality (hereinafter: OIN) and its regional directorates (both, including AVR) - National Headquarters of the Police; border police stations (forced returns) Page 28

29 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 In accordance with the provisions of the implementation-protocols of Readmission Agreements, Police directly contacts the competent authority in order to readmit the person in question. If the expelled own citizen s identity and nationality are proved by the foreign authorities, a readmission declaration is issued by them and according to this statement travel document is issued by the embassy. If the authorities cannot readmit the person by readmission agreement or there is not readmission agreement with his/her origin country, the Office of Immigration and Nationality or Police check the personal data in the databases (EURODAC, SIS national database) and directly initiates the determination of the identity of third-country national and obtains travel documents at the consular mission of the country of origin, or through the Ministry of Foreign Affairs if the country has no consular authority in Hungary. Most of the embassies supplied travel document application forms in native languages with special questions or they give the possibility to third-country nationals to have personal interview in order to accelerate determining the identity. The OIN procedure concerning undocumented third-country nationals concentrates mainly on the followings: making report about him/her personal details and other conditions (residence permit, asylum permit and committed crimes) in order to ensure the identity of the person, sending the fingerprint and photo to the presumed country of origin for issuing identification documents. For readmission, a travel document has to be issued via the representation of the concerned country in Hungary (if any). If necessary, a consular interview shall be organised. 4. How are special needs of vulnerable persons taken into account during the return process? In the case of a vulnerable person, the standards of Directive 2008/115/EC of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying thirdcountry nationals is to be used. In line with the Directive,.the special needs (mainly emergency healthcare and essential treatment of illness) have to be covered. B. Readmission Page 29

30 5. If you are a receiving state, what are your requirements that need to be fulfilled in order to establish the nationality of the person to be readmitted? 1 st case: If the person is Hungarian, we check him/her in out national databases. 2 nd case: If the person is 3 rd country citizen it is not required to know the nationality of the person who is readmitted. 6. What communication channels do you use when communicating with sending/receiving states for transferring and/or controlling information concerning the identity of a person to be returned/readmitted? The Hungarian Police uses electronic way ( or fax) and if it is necessary they call the competent authority. 7. Has your country readmitted/asked for readmission third country nationals (ie not own nationals)? If so, what treatment and rights are applied/provided to such persons? What are the challenges in treating this group of persons and what happens to them after their readmission? Hungary used to readmit third country nationals mostly from Western European countries. After the readmission, their (legal/illegal) stay has to be clarified in Hungary and the necessary alien policing measures have to be carried out. 8. If no such readmissions are requested, please provide the reasons why (no need, readmission directly to the country of origin etc)." Not relevant if #7 is yes. C. Reintegration: 9. What mechanisms do you have in place for reintegrating a person returning from another country? N/A Page 30

31 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 The program called Hungarian Assisted Voluntary Return and Reintegration (HAVRR) focuses on providing returnees with assistance in supporting the reintegration opportunities in their country of origin contributing therefore to the long term sustainability of return. Both available reintegration grants (Educational Grant, Business Plan Grant) are provided only to selected applicants based on availability of funding, and on the quality and sustainability of the business plan. 10. When returning someone, do you provide any special programs for improving the possibility for the person to be return to reintegrate in the country of origin? Hence, in order to support the returnees in the forthcoming period after their return to the country of origin, the IOM (hereinafter: IOM) ensures a single support (stipend), which in the case of the HAVRR program is 100 Euros, for third country nationals participating in the voluntary return program. Business plans and education plans are evaluated by IOM Budapest staff, taking into consideration the assessment of the IOM Mission in the Country of Origin. Migrants can ask for assistance with preparing the business plans and education plans either at IOM Budapest or at IOM in the Country of Origin. Moreover, in the framework of the Complex assistance before return home ERF project, the OIN provides assistance and help to returnees by physiologists, social workers, pedagogues regarding return and conditions what they face upon arrival. The project provides vocational trainings for returnees prior to departure - in order to enable them with professional knowledge in their country of origin. The IOM offices working in the countries of origin are providing information on each case of reintegration. In addition, IOM occasionally implements projects, which are designed to assess reintegration activities. One example was the project titled Assessment of Assisted Voluntary Return Programmes in Hungary, which was implemented in Another project to be highlighted is the Country Information Gathering Mission to Kosovo (UNSCR1244) which was organized in Which authorities are involved with reintegration in your country? 12. Is there involvement of non-governmental N/A In relation to an OIN special project for returnees, the necessary professional background for quality development of psycho- Page 31

32 organizations in reintegration processes in your country? If so please specify social assistance has been ensured with the involvement of an NGO (Menedék - Hungarian Association for Migrants). Assisted voluntary return programmes are implemented by the IOM in partnership and close cooperation with the OIN. This partnership is essential in all phases of the return process. The OIN is involved in informing the potential beneficiaries of the option of assisted voluntary return. The OIN is also providing customized counselling for persons under alien policing procedures regarding return in the framework of the Complex assistance before returning home project, funded by the European Return Fund. The OIN plays a crucial role in referring potential applicants to the IOM for further information as necessary. 13. Are there any special projects for reintegration that is done in cooperation with other states and/or international organizations? After the application is completed, the OIN as the specialized immigration agency of the Hungarian Government approves the applicants participation in the AVRR programme. If the approval for participation is granted, the OIN assists IOM with the preparation of the actual return (liaising with embassies to acquire travel documents, coordinating transportation by land with the Police in cases when it is prescribed by law, etc). Apart from the OIN, the most important external partner of IOM are the Police. Based on the instructions received from the OIN, the Police are organizing the transportation by land of AVRR beneficiaries from the detention centres to the airport. In cases when the client is in an open reception centre (community shelter), IOM is using external service providers to take care of the transportation by land. IOM Budapest is in daily contact with the OIN and the Police. Presentations and trainings with the participation of the implementing partners are frequently organized. Within a specialized project IOM Budapest will continue to deliver Page 32

33 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 presentations on AVRR and IOM s activities to police personnel and detention centre (guarded shelter) staff. Since 2009, the OIN has a special project for returnees co-financed by the European Return Fund, in the framework of which the OIN has provided psycho-social assistance and other pro-return services for persons before the return. 14. Do you have any special mechanisms for reintegrating vulnerable persons? If so, what are the special mechanisms and what groups of vulnerable persons are targeted? The aim of the project is to provide information concerning return and improve the methods and tools of preparation of the returnees for the reintegration. In the framework of the project OIN ensures: psycho-social assistance before return, professional trainings (like seeming, painting, hair-dressing, handicraft) for encouraging reintegration, medical care, like psychologist and dentist, supplementary food packet. The necessary professional background for quality development of psycho-social assistance has been ensured with the involvement of an NGO (Menedék - Hungarian Association for Migrants). Vulnerable persons are involved in the project. In 2011, a special children room was established for families where special programs have been organized for children. As mentioned, psychological treatment is provided for persons with mental problems. PARTICIPATING STATE: LATVIA A. Return: 1. If your legislation provides that an entry ban should accompany a return and/or removal decision, what are the lengths of entry bans used in your country? 2. If you issue entry bans, how many have been issued during 2011 and the first half of 2012? In compliance with the legal provisions of the Immigration Law of Republic of Latvia the time period for entry-ban is one month till 3 years, also the authority is entitled not to issue entry-ban. 284 entry-bans have been issued during 2011 and 166 during the first half of Top five nationalities receiving entry-bans are: Russia, Ukraine, Georgia, Belarus and Armenia. Citizens of the Eastern Partners receiving entry-bans Page 33

34 What are the top five nationalities receiving entry bans? How many entry bans have been issued for citizens of the Eastern Partners? 3. What procedures do you have in place to ensure the identity of a person to be returned/readmitted? Issued entry-bans during 2011 (active at present) Issued entry-bans during 2012 (active at present) Georgia 101 (50) 45 (36) Ukraine 105 (46) 55 (28) Belarus 24 (13) 9 (8) Moldova 8 (4) 4 Armenia 30 (26) 1 Azerbaijan 8 (4) 1 a. work with foreigner: taking an explanation from foreigner; b. exchange of correspondence with the country of foreigner s origin: with competent authorities in the country of origin, consular missions or embassies of countries of origin; c. language examination; d. interview in the procedure of readmission. 4. How are special needs of vulnerable persons taken into account during the return process? The observation of special needs of vulnerable persons are provided by the national legislation, regulating such fields as medical treatment, education and social care, protection of the rights of the child, etc. B. Readmission 5. If you are a receiving state, what are your requirements that need to be fulfilled in order to establish the nationality of the person to be readmitted? 6. What communication channels do you use when communicating with sending/receiving states for transferring and/or controlling information concerning the identity of a person to be returned/readmitted? 7. Has your country readmitted/asked for readmission third country nationals (ie not own nationals)? If so, what treatment and rights are applied/provided to such persons? What are the challenges in treating this The correct data of person: name, surname, date of birth, place of residence. In case if a person was living abroad for a long time it would be necessary to get fingerprints, autobiography, photo of good quality, information on person s relatives, their place of residence. When communicating with competent authorities of sending/receiving states in readmission, return or identification cases, we use faxes or official electronic mails as well as official post Latvia has not accepted any third country national under readmission procedure from the countries that are not EU Member States. Latvia has not readmitted any third country national to the third country that is not the country of origin of the foreigner. Page 34

35 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 group of persons and what happens to them after their readmission? 8. If no such readmissions are requested, please provide the reasons why (no need, readmission directly to the country of origin etc)." Latvia readmitted persons directly to the country of origin. C. Reintegration: 9. What mechanisms do you have in place for reintegrating a person returning from another country? 10. When returning someone, do you provide any special programs for improving the possibility for the person to be return to reintegrate in the country of origin? 11. Which authorities are involved with reintegration in your country? 12. Is there involvement of non-governmental organizations in reintegration processes in your country? If so please specify 13. Are there any special projects for reintegration that is done in cooperation with other states and/or international organizations? 14. Do you have any special mechanisms for reintegrating vulnerable persons? If so, what are the special mechanisms and what groups of vulnerable persons are targeted? If a Latvian national is returned from another country to Latvia, then there are no any specific assistance mechanisms in place, apart from those available to any Latvian resident, which includes job counselling, unemployment benefits, etc. Under IOM s managed Assisted Voluntary Return and Reintegration Programme any returnee received 135 LVL cash grant per person (including children). Approximately in 1/3 of AVR cases are offered also reintegration assistance in the amount up to 550 LVL. There is IOM s Assisted Voluntary Return Programme for Third Country Nationals returned from Latvia. No, there isn t. As mentioned above, there is IOM s Assisted Voluntary Return and Reintegration Programme, which helps to reintegrate third country nationals in their country of origin. Reintegration is available only to vulnerable persons (1/3 of the total caseload). The vulnerability is determined from following criteria medical needs, single parents with children, parents with children, living conditions in country of origin, period of time persons have been away from their country, etc. For each case the situation is evaluated by IOM office in a country of origin and coordinated with IOM office in Riga. Page 35

36 PARTICIPATING STATE: THE REPUBLIC OF LITHUANIA A. Return: 1. If your legislation provides that an entry ban should accompany a return and/or removal decision, what are the lengths of entry bans used in your country? 2. If you issue entry bans, how many have been issued during 2011 and the first half of 2012? What are the top five nationalities receiving entry bans? How many entry bans have been issued for citizens of the Eastern Partners? According to the Article 133 of the Law on the legal status of aliens of the Republic of Lithuania the length of the ban in above mentioned cases is no longer than 5 years. Total banned in persons, in first half of persons (it should be mentioned, that in that list there are not only returned persons). Top five nationalities receiving entry bans: Citizenship 2011 First half of 2012 Georgia Belarus Russian Federation Uzbekistan 14 4 Ukraine 10 3 Banned from EaP countries: Citizenship 2011 First half of 2012 Belarus Moldova 7 2 Ukraine 10 3 Georgia Armenia 11 0 Azerbaijan What procedures do you have in place to ensure the identity of a person to be returned/readmitted? 1.Interviewing of the alien, completing a questionnaire form; 2. Taking pictures of the alien, establishing his/her travel the route, taking fingerprints and transferring fingerprint data to the national EURODAC Unit Page 36

37 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 established at the Lithuanian Police Forensic Centre; 3. Checking the alien against the international wanted persons database (checks performed by the International Relations Board of the Lithuanian Criminal Police) 4. Checking the alien against the wanted persons in Lithuania database and the criminal records database of the Information Technology and Communications Department of the Ministry of Interior; 5. Checking the alien against the database of Residents Register Service at the Ministry of the Interior to check whether there is any data on the alien's place of residence in the Republic of Lithuania and whether he/she had been issued any Lithuanian personal identity document; 6. Checking the alien against the aliens database of the Ministry of Internal Affairs to check whether the alien has entered the Republic of Lithuania legally and whether there are persons or institutions responsible for the alien s entry to Lithuania. It is also checked whether the alien is included into the list of foreigners refused entry to the Republic of Lithuania; 7. Contacting a foreign representation of a certain foreign state in regard to issuance of a return document. In case of presence of readmission agreements between the EU and/or the Republic of Lithuania with the alien's country of origin, a readmission application to the competent authorities of the alien s country of origin (listed in readmission agreements) is made and forwarded to the Migration Department of the Ministry of the Interior (i. e. the competent authority authorized to accept, submit and handle readmission applications); 8. In case there is no foreign representation of the alien s country of origin in the Republic of Lithuania, a respective Lithuanian embassy is addressed with a request to mediate when requesting a certain representative of a foreign state to issue to the alien a travel document; 9. The alien s identity, citizenship and circumstances of his entry to Lithuania can be established in cooperation with other institutions of the Republic of Lithuania, the EU and other states. 4. How are special needs of vulnerable persons taken into account during the return process? Vulnerable persons are identified as early as possible after their arrival in the center during medical examination, psychological counseling, social interviewing and observation. If needed, is an additional specialized medical consultations and respective assistance is available at other health care Page 37

38 establishments. Vulnerable persons are accommodated separately from other persons. Due to their special needs they receive a special medical, social and psychological assistance. Individual needs of each vulnerable person are taken into account: Minors: improvement of living conditions (accommodated with family members, separately from inviolable persons, environmental security ensured, health care services available, access to education and training and leisure provided, etc.) science education services security, ensuring meaningful leisure, etc.). Unaccompanied Minors are housed at the Refugee Reception Centre. Persons with disabilities: improvement of living conditions, accommodated taking into regard their individual needs, separately from inviolable persons, environmental security ensured, health care, social and psychological services available, medication and special equipment for disabled provided. Elderly persons: improvement of living conditions, accommodated taking into regard their individual needs, separately from inviolable persons, environmental security ensured, health care, social and psychological services available, medication provided according to their needs. Pregnant women: improvement of living conditions, accommodated taking into regard their individual needs, separately from inviolable persons, environmental security ensured, health care, social and psychological services available, medication provided according to their needs. Single parents: improvement of living conditions, accommodated taking into regard their individual needs, separately from inviolable persons, environmental security ensured, health care, social and psychological services available, medication provided according to their needs. Individuals who have suffered torture, rape or other severe forms of psychological, physical or sexual violence: improvement of living conditions, accommodated taking into regard their individual needs, separately from inviolable persons, environmental security ensured, health care, social and psychological services available, medication provided according to their needs. Services of a family doctor, a social worker and a psychologist are available. In order to ensure availability of other qualified professional services co-operation with nongovernmental organizations, such as Lithuania Red Cross Society, has been established. In order to implement expulsion or return decisions issued by f the Migration Department, when arranging vulnerable persons expulsion from the Republic of Lithuania, different factors are taken into regard, e.g. sex, psychological, social, physiological status, travel routes, requests received from competent Lithuanian Page 38

39 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 B. Readmission and/or foreign authorities and consular offices, etc. When executing expulsion of vulnerable persons from the Republic of Lithuania in case of need they can be escorted by a doctor, a social worker, a psychologist, etc. 5. If you are a receiving state, what are your requirements that need to be fulfilled in order to establish the nationality of the person to be readmitted? 6. What communication channels do you use when communicating with sending/receiving states for transferring and/or controlling information concerning the identity of a person to be returned/readmitted? 7. Has your country readmitted/asked for readmission third country nationals (ie not own nationals)? If so, what treatment and rights are applied/provided to such persons? What are the challenges in treating this group of persons and what happens to them after their readmission? 8. If no such readmissions are requested, please provide the reasons why (no need, readmission directly to the country of origin etc)." Readmission of third-country nationals is carried out in accordance with international agreements (EU agreements with third countries and, where applicable, the relevant agreements of the Republic of Lithuania with other countries). If the requirements are met, the Republic of Lithuania without any formality accepts the returnees. Cooperation with competent authorities of foreign countries is maintained via , fax and telephone. The Republic of Lithuania has asked the competent authorities of the Estonian and Latvian Republics for the third-country nationals return. Readmission applications have been accepted. The further procedures of these persons return to the country of origin are not known since this information is not a subject of exchange between the countries. N.A. C. Reintegration: 9. What mechanisms do you have in place for reintegrating a person returning from another country? In 2011, Lithuanian Government approved the Global Lithuania programme for (Official Gazette, 2011, No ), which aims to develop a stronger strategic relationship with the Lithuanian diaspora. The Global Lithuania programme is implemented through an inter-agency action plan, which is updated annually. The inter-agency plan is implemented by 13 institutions (6 ministries, 7 subordinate and other institutions). While programme activities and goals Page 39

40 are planned concurrently, each agency allocates funding for programme implementation from existing budgetary resources. The aim of Global Lithuania and its action plan is to facilitate five main goals among the Lithuania diaspora: 1.Encourage the maintenance of Lithuanian identity; 2.Promote engagement in the life of Lithuania; 3.Support public diplomacy efforts; 4.Transform brain drain into brain circulation ; 5.Strengthen communication through innovative technologies. Global Lithuania and its action plan include a number of activities related with return and reintegration of Lithuanians living abroad, including: creation of a system of reintegration services (psychological consultations); creation of conditions for Lithuanians living abroad to get all information regarding repatriation issues using the principle of one stop shop (bulletin Life and work in Lithuania ); support for Lithuanian youth studying abroad to participate in internship and mentoring programs. Ministry of Social Security and Labor implements first two measures mentioned above. 10. When returning someone, do you provide any special programs for improving the possibility for the person to be return to reintegrate in the country of origin? Electronic bulletin Life and work in Lithuania (50 pages) systematically provides information on employment, start of the business, taxes, social security, health care, social housing, education, youth policy, Lithuanian citizenship issues, personal identification documents, legal assistance and other issues useful to Lithuanians living abroad, especially to those who considers the possibility of returning to Lithuania. Ministry of Social Security and Labour also provides psychological support to Lithuanians who live abroad. Emigrants have the opportunity to get a free anonymous psychological help via Skype program or . Lithuanians who live abroad face with a variety of social and psychological problems while living abroad. Psychological support of professional psychologists undoubtedly helps to prevent emigrants from serious mental disorders and enhance their emotional state. The following types of activities help to retain links between Lithuania and Lithuanians living abroad. And these actions implicitly encourage emigrants to return to Lithuania. Page 40

41 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March Which authorities are involved with reintegration in your country? 12. Is there involvement of non-governmental organizations in reintegration processes in your country? If so please specify The following institutions are partially involved in reintegration processes: Ministry of Foreign Affairs, Ministry of Social Security and Labour, Ministry of Education and Science. The main organizations involved in reintegration processes are IOM (International Organization for Migrants) Vilnius Office, Lithuanian World Community. 13. Are there any special projects for reintegration that is done in cooperation with other states and/or international organizations? 14. Do you have any special mechanisms for reintegrating vulnerable persons? If so, what are the special mechanisms and what groups of vulnerable persons are targeted? There are no special projects for reintegration that is done with other states and/or international organizations. There are no special mechanisms for reintegrating vulnerable persons in Lithuania. PARTICIPATING STATE: MOLDOVA A. Return: 1. If your legislation provides that an entry ban should accompany a return and/or removal decision, what are the lengths of entry bans used in your country? According to Art. 9 of Law on Status of Foreigners in the Republic of Moldova (Law # 200 of ), entry bans for a certain term shall be issued: a) by a competent body on foreigners' matters - to a foreigner who was returned from the territory of the Republic of Moldova; b) by a border management body - to a foreigner who returned from the territory of the Republic of Moldova after his/her illegal stay in Moldova and in respect to whom compulsory return measures were not applied. In all cases, application of the entry ban is physically made by inserting data entries on the ban (with indication of its terms) into valid travel documents. In all cases, when bans for entry to the territory of the Republic of Page 41

42 Moldova are issued, a competent body in charge of foreigners' matters or a border management body input personal notes into the Automatic Integrated Information System on Migration and Asylum. A competent body that issued an entry ban should notify a relevant foreigner (in written) on issuance of the entry ban and on grounds for its issuance. Besides that, Article 10 of the Law stipulates lengths of entry bans: (1) For foreigners, who entered the Republic of Moldova legally, but whose stay in the country later became illegal, the following lengths of entry bans are set: a) 1 year - in the case of illegal stay from 3 months to 1 year; b) 2 years - in the case of illegal stay from 1 to 2 years; c) 3 years - in the case of illegal stay from 2 to 3 years; d) 5 years - in the case of illegal stay for more than 3 years; e) 3 years - for illegal labour activities; f) 5 years - for reporting patently false personal data; g) 5 years - in the case of their removal. (2) For foreigners who apply for the voluntary return option, the terms of entry bans as stipulated by points a) to d) of paragraph (1), should be halved. (3) For foreigners, who committed premeditated crimes at the territory of the Republic of Moldova, or grave, particularly grave or extremely grave unpremeditated crimes, lengths of entry bans are set as 5 years, or 10 years if such crimes seriously endanger public order or national security. (4) For foreigners who entered the Republic of Moldova illegally, entry bans are issued for 5 years. Lengths of entry bans, as stipulated by paragraphs (1), (3) and (4) are extended by additional 6 months if relevant foreigners were removed from the territory of the Republic of Moldova at the expense of the state. Provisions of para (1) are not applied to foreigners who have common minor or unemployable children with permanent residents of the Republic of Moldova, except in cases of deprivation of parental rights. Page 42

43 Panel Meeting on Circular Migration, Eastern Partnership Panel on Migration and Asylum Tbilisi March 2013 Foreigners who were removed from the territory of the Republic of Moldova (entry bans for 5 years) 2. If you issue entry bans, how many have been issued during 2011 and the first half of 2012? What are the top five nationalities receiving entry bans? How many entry bans have been issued for citizens of the Eastern Partners? Foreigners who were issued decisions on return from the territory of Republic of Moldova (entry bans for up to 5 years) Page 43