RETURN PROCEDURES IN THE REPUBLIC OF LATVIA
LEGISLATION: European Union legislation: Council Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying thirdcountry nationals. Council Regulation No 562/2006 establishing a Commnity Code on the rules governing the movement of persons across borders - Schengen Border Code Handbook of the Schengen Borders Code Latvian national legislation: The Immigration Law. State Border Guard Law. The Administrative Violations Code. Criminal Law. Regulation of the Cabinet of Ministers No 454 on Regulations Regarding Forced Return of Foreigners, Travel Document and the Issue Thereof adopted on 21.06.2011 Internal orders of the State Border Guard.
TYPES OF VOLUNTARY RETURN DECISIONS One of the main provisions of Immigration Law: A return decision shall be issued to any foreigner staying illegally on the territory of the Member State. VOLUNTARY RETURN DECISIONS ORDINARY DECISIONS IN ABSENTIA Foreigner legally entered the territory of the Republic of Latvia Foreigner violated the entry conditions when entered Latvia Without presence of a foreigner If prior to departure by international haul there is not enough time
ORDINARY VOLUNTARY RETURN DECISION - Decision is to be preformed within the time period from 7 to 30 days -A foreigner has the right to leave the territory of the EU Member State earlier than it is foreseen in the decision. -The time-limit set out to in the decision may be extended following the request of the foreigner for the time period not exceeding one year. -May include an entry ban to the territory of Latvia or the Schengen area for the time-limit of between 30 days to three years. -The voluntary return shall not include the decision on entry ban, if a foreigner has been recognised as a victim of human trafficking in or who has been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities. -The decision may be revoked or suspended if the circumstances had changed or for humanitarian reason.
ORDINARY VOLUNTARY RETURN DECISION Procedure of issuing of voluntary return decision by State Border Guard at the moment when the foreigner is going to cross the external border The State Birder Guard officials: -Assess the circumstances of violating entry, stay or residence conditions on the territry of the Republic of Latvia or the other EU country by foreigner ; - The evidences of violation are to be gathered (a copy of passpiort, visa, residence permit or explanation given by the foreigner); - if it is necessary contact with the competent authorities of the other EU country; - takes a decision on voluntary return; - depending on the circumstances of the case imposes a ban on entry into the terriotry of Latvia and / or the Schengen countries.
Decision is taken if Latvijas Republikas Republic of Latvia VALSTS ROBEŽSARDZE VOLUNTARY RETURN DECISIONS IN ABSENTIA - foreigner s illegal stay in the Republic of Latvia is detected at the moment of departure from the territory of Latvia when he/she is going to cross an external border and it is not possible to issue a voluntary return decision before the departure of the international flight. Voluntary return decision is to be issued within 10 days from the date a foreigner s departure The decision comes into force on the date of issue. Foreigner is informed on the decision the decision is to be sent to the address indicated by the him/her. Appeal of the in absentia voluntary return decision does not suspend the implementation of this order Procedure: The State Border Guard shall inform a foreigner that the voluntary return decision will be issued with a possibility of inclusion into the entry ban prohibiting entry into the Schengen territory. Evidences are gathered (a copy of passport, visa or residence permit). If there is enough of time, an explanation of foreigner is taken. All documents gathered are sent to the competent structural unit of the State Border Guard for decison on voluntary return taking, which makes an assessment of received documents, takes a decision and inform the foreigner on decision taken. 6
Number of voluntary return decisions 1200 1000 800 600 1004 The State Border Guard started to issue the voluntary return decisions from 16 June 2011 400 200 0 69 104 120 2009 2010 2011 2012 (3 months)
TYPES OF FORCED RETURN DECISIONS FORCED RETURN DECISIONS ORDINARY DECISIONS ADDITIONAL SENTENCE Foreigner is staying illegally in Latvia Foreigner violated the entry conditions when entered Latvia and no circumstances allowed him to stay in Latvia defined by COURT Is to be carried out after serving a basic sentence
FORCED RETURN DECISIONS A decision on forced return is issued if there is a reason to believe that a foreigner will avoid the removal procedures or will interfere with the preparation of it or there is a risk of absconding and it is based on the conditions mentioned in the Immigration law The conditions for foreigner s detention and forced return decision coincide and are mentioned in Article 51 of Immigration Law. A decision on forced return shall include decision on entry ban prohibiting entry to Latvia and Schengen countries and determines the length of that, which is not longer than 3 years. A decision on forced return may be issued with regard to minors. An appeal of the forced return decision does not suspend the implementation of this order Forced return monitor (the Ombudsmen) is informed on the forced return decision taken A foreigner at the stage of appeal of decision has the right to get the state guaranteed legal aid.
Number of forced returns 200 180 160 140 120 100 80 60 40 20 0 195 145 94 54 2008 2009 2010 2011
Russia Belarus Ukraine Мoldova others Republic of Latvia Foreigners were removed to 70 60 50 40 30 20 10 0 2009 2010 2011
VOLUNTARY AND FORCED RETURN DECISIONS as well as DECISIONS ON RECOGNITION OF DECISIONS issued by the other EU MS are taken by: State Border Guard Office of Citizenship and Migration Affairs
RETURN OF FOREIGNERS WITHOUT ANY DECISION Immigration Law includes exceptions from the provision that a return decision is to be issued to everyone staying illegally and defines the cases when neither voluntary return decision nor forced return decision is issued: - the foreigner is in possession of a valid residence permit in another EU Member State or other document entitling him/her to stay there and he/she is travelling to the territory of the respective EU MS without delay; -the foreigner is taken back by another EU Member State in accordance with the international agreement, binding until January 13, 2009 (readmission); - OCMA for humanitarian reasons decides to allow a foreigner to stay in Latvia for a defined period of time which is not longer than one year; the decision on refusal for a foreigner to enter the EU Member States is taken (except in case if it is not possible to send person back to the country he/she arrived from); - a foreigner is a subject of accelerated readmission procedure or agreement of border plenipotentiary representatives; -a foreigner with a Court decision is subject to an additional penalty - expulsion from the Republic of Latvia (in accordance with Criminal Law); - a foreigner is a subject of extradition procedure. 13
Recognition of return decisions issued by the other EU Member State
RECOGNITION OF EU MS DECISIONS ON VOLUNTARY RETURN OR FORCED RETURN Decision on recognition is taken after : - examination of the circumstances of the case - getting in contact with this EU Member State, in the following cases: - A decision of EU MS is based on the existence of serious threat to the state security, public order or security, and a foreigner was convicted for the conducting of an offence, -A decision of EU MS has been based on the breach of entry or stay conditions, - The competent authority (SGB/OCMA) is entitled to take a decision on recognition, -EU MS that issued a decision is informed on fulfilment of its decision.
Procedures for recognition of return decision issued by the other EU Member State: There are 2 types of procedure: I type Recognition of return decision when a foreigner is detected with the voluntary return decision issued by the other EU Member State within the territory of Latvia A detail, when carrying out immigration control, detects a person, who possess the voluntary return decision, issued by the other country: Evaluates the circumstances of the case and if it is necessary contacts with and consults with the country that issued voluntary return decision; Takes a decision to recognize voluntary return decision issued by the other EU country; or Takes a decision not to recognize voluntary return decision issued by the other EU country and takes its own return decision or removal; Carries out a control of departure of person from the territory Latvia Communicates the country that issued voluntary return decision on departure of a person from the territory of EU
Procedures for recognition of return decision issued by the other EU Member State: II Preliminary recognition of return decision using Annex 39 to the Handbook of the Schengen Borders Code - Decision is recognized preliminarily, - Responsible unit the Operational Management Board of the Central Board of the State Border Guard, - the border crossing point, that will be crossed by a foreigner, is informed, - control of fulfilment of return decision is carried out by the State Border Guard structural units at the external border, - the Requesting EU Member State is informed on recognition of its decision and later on fulfilment of return decision. State Border Guard is under the process of development of internal legal basis for practical usage of standard form and procedures of its application. Due to the fact, that there is no practice of implementation of Annex 39 to the Handbook of the Schengen Borders Code by the EU Member States Latvia applies I type of procedure on recognition of return decision.
Reasons for participance of Latvia in recognition of return decisions issued by the other MS: Latvia has an external border with Commonwealth of Independent States and there is a great number of third country nationals (Georgia, Russia, Ukraine, Uzbekistan, etc.), who travel through the territory of the Republic of Latvia with return decisions issued by the other EU Member States, so the main reason is: to control the flows of foreigners, who possess voluntary return decisions issued by the other EU countries, through the territory of the Republic of Latvia The other significant reasons are: 1. A need of implementation of Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals 2. To control the fulfilment of voluntary return decisions issued by and entry into force of entry bans imposed by Latvia 3. It is not necessary to examine all details of foreigner s illegal stay within the territory of the other EU countries 4. The transit of the foreigner, who possess voluntary return decision, is not delayed.
Expectations from the Project leading by Estonia: The Project will allow: To get awareness on the necessity of the recognition of return decisions by three Baltic countries, taking into account the existence of internal border between Estonia, Latvia and Lithuania. To control the flows of foreigners, who possess voluntary return decisions issued through the territory of our countries To provide information on fulfilment of voluntary return decisions issued by Latvia, Lithuania and Estonia. To control the dates of commencement and expiration of entry bans imposed for foreigners. To develop mechanism of effective information exchange on fulfilment of voluntary return decisions
Statistics: 60 50 54 TOTAL: 2011 69 40 30 20 33 2011 2012 2012 (5 month) 50 10 0 7 8 2 2 3 1 2 1 2 1 1 2 LT DE DK SE FR EE FI NO PL
Assisted Voluntary Return
The MODEL of the VOLUNTARY RETURN in LATVIA State Border Guard officials inform foreigners about the possibility to return voluntarily Office of Citizenship and Migration Affairs adopts an administrative decision: a return order Consular Department of the Ministry of Foreign Affairs arranges acquisition of travel documents IOM Riga office negotiates with foreigners on the possibility to return voluntarily, is planning return routes, obtains tickets, acquires travel documents, provides a return grant for returnee
The right of foreigner to apply for the assisted voluntary return: In accordance with Immigration Law a foreigner has the right to apply for the assistance provided by international organisations, associations or foundations, for the purpose of voluntary returning to his/her home country - state institution responsible for return confirm participatnce of a foreigner in assisted voluntary return program, - Forced return may be replaced with voluntary return decision if a foreigner has applied for and has the right to take part in the voluntary return program. Foreigners, who can not participate in voluntary return program: - if he/she threaten national security, public order or safety, - previously used the voluntary return program. Currently Voluntary return program is carried out by the IOM Riga Bureau
Cooperation with IOM in the field of voluntary return within the framework of European Return Fund - cooperation is organized and coordinated by IOM Riga office; - cooperation was started in March 2009; - return assistance is proposed to foreigners illegally staying on the territory of the Republic of Latvia, as well as rejected asylum seekers, minors - voluntary return of foreigners is coordinated by the State Border Guard structural units, which carry out control of foreigners return.
ADVANTAGES of ASSISTED VOLUNTARY RETURN 1. Successfully and efficiently provided general return for irregular migrants, refugees, rejected asylum seekers and others wishing to return from the host country (assistance at the airport, inter alia transit airport, if necessary accompanies the person during the flight) 2. Assisted specific returns and reintegration assistance tailored to the needs of certain groups (nationality, vulnerable groups, skilled and qualified nationals) 3. Financial support (fully covered flight and other travel expenses, a single return allowance) 4. Provides with comprehensive information on the situation in the state the person intends to return. Currently the project of cooperation between the state Border Guard and IOM Riga Bureau is elaborated.
PROBLEMS with realization of Voluntary return program 1. A lack of financial resources (not financial support from the state. Currently IOM Riga Bureau is not provided with financial resources to give assistance for those foreigners, who are willing and can apply for voluntary return program. 2. No established EU common voluntary departure control system 3. Not possible to control voluntary return from EU territory if person return from one MS trough the territory of another/s MS 4. No common understanding on the mutual recognition of decisions in MS
Foreigners returned with IOM support 80 70 73 60 50 40 30 26 20 10 0 16 2009 2010 2011 2012 (5 month) 5
Cooperation currently existing between Latvia, Lithuania and Estonia in the field of information exchange
BORDER CROSSING POINTS TOTAL 31 Estonia Russia Riga Lithuania Airport 5 Seaport 10 Railway 3 Road 9 + 4 (local traffic) Contact point 4 Belarus
International co-operation Contact point Valka Valga Information requests Received information Checks through data basis about persons Checks through data basis about vehicles Transferring and readmitting persons Other activities 2010 1 461 2 265 1 839 102 16 2 429 2011 2 933 3 682 2 133 210 7 3 612 Information requests Contact point Meitene-Kalviai Received information Checks through data basis about persons Checks through data basis about vehicles Transferring and readmitting persons Other activities 2010 3 159 6 285 5 780 1 298 6 6 951 2011 5 455 8 539 14 856 884 14 10 367
Thank You for Your attention! Anzelika Alika Return an Asylum Seekers Affairs Unit of the Central Board of the State Border Guard Contact details: Phone: 00371 67075641 E-mail: anzelika.alika@rs.gov.lv