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Algeria: Treatment of returned failed refugee claimants

A May 2001 report on Algeria that was prepared by Brian J. Davis, Counsellor (Immigration) of the Canadian Embassy in Algeria, states that every year several European countries, including France, Spain, Germany, Belgium, Sweden, Denmark, return hundreds of persons to Algeria either under a formal agreement with that country or on a case-by-case basis (24). The author of the report also stated that:

While none of the countries concerned appears to have carried out a formal study of what happens to 'deportees', they all believe they would have heard had persons who were returned to Algeria encountered serious difficulties. 'Deportees' sometimes contact the embassies concerned to sort out administrative matters relating to the time they spent in the other country and none have ever complained of their treatment by Algerian authorities upon their return to Algeria. It could also be expected that relatives of 'deportees' would in some cases make it known if a person had suffered at the hands of Algerian authorities but there has been no incident of this sort ever brought to the attention of the embassies concerned (ibid.).

The author met with the local UNHCR Office, and the Algerian Foreign Ministry, both of which reported that persons returned to Algeria do not encounter problems. The Algerian Foreign Ministry is also quoted in the report as saying that:

['deportees'] may be questioned then released, if escorted or on a one-way deportation travel document (therefore, identified as a 'deportee'). Otherwise, they may walk right through Immigration without even being noticed. He added that 'deportees' can apply for new passports immediately after their return to Algeria, implying that they face no repercussions in terms of their civil rights as a result of their deportation.

A full version of this report is available at Regional Documentation Centres.

ON the other hand, a country report on Algeria submitted at the UNHCR/ACCORD 7th European Country of Origin Information Seminar held in Berlin in June 2001 states that:

Since 1998 UNHCR has not declared a ban on return of rejected cases, i.e. those who have failed to convince the authorities of their credibility with regard to their past persecution. Apart from those people, one has to check on a case by case basis whether they are willing to repatriate and whether guarantees are given for their safety. We should seek guarantees from the Algerian government, but one should be very reluctant to return rejected applicants in the cases in which the exclusion clauses have been applied, even if we have guarantees, as the government is eager to have them back. In accordance with Art 3 of the ECHR [European Court of Human Rights] one should be aware that these persons would face persecution upon return to Algeria. S/he might be subjected to torture and even to disappearance or killing – not necessarily immediately after their return, but it is very likely to happen later on (Burgat 12 June 2001, section 2.2)

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Burgat, François. 12 June 2001. Algeria – Country Report. <http://www.ecoi.net/index.php?iflang=en&country=DZ> [Accessed 21 Jan. 2001]

Davis, Brian J. [Paris]. May 2001. Report on Algeria. Embassy of Canada in Algeria.

Topics: Rejected asylum seekers,