UNHCR calls for robust protection safeguards in the implementation of the EU Return Regulation

BRUSSELS — UNHCR, the UN Refugee Agency, notes the agreement reached between the European Parliament and the Council on the EU Return Regulation and regrets that a number of recommendations it had put forward to strengthen safeguards for asylum seekers and refugees were not reflected in the final text.

UNHCR recognizes States’ legitimate interest in ensuring effective measures to address current asylum and migration challenges and acknowledges efforts by the European Union to establish a more effective and predictable return framework. The Agency also notes several important safeguards contained in the Regulation, including the reaffirmation of the principle of non-refoulement, recognition of the best interests of the child, and provisions relating to return counselling and reintegration support. At the same time, UNHCR remains concerned about aspects of the new framework that will require particularly careful implementation to ensure full compliance with international refugee and human rights law.

Of concern is the fact that the Regulation applies not only to individuals whose asylum claims have been fully assessed and finally rejected but also to applicants whose claims have been declared inadmissible, and to applicants whose appeals may still be pending, without sufficient distinction between these fundamentally different situations. This approach creates legal and practical risks, including the possibility that individuals with international protection needs may be returned to situations where they are at risk of harm

As a result, it is essential that Member States ensure effective procedural safeguards throughout the return process.

The absence of automatic suspensive effect for appeals in some cases, combined with the burden placed on individuals to demonstrate international protection risks, may increase the risk of return before protection claims have been fully, fairly and effectively assessed. UNHCR therefore calls on Member States to adopt robust national procedures and effective remedies that mitigate these risks.

On return hubs, UNHCR’s guidance notes that their use should be limited to situations where return to the country of origin is not possible within a reasonable period of time and should serve solely as a temporary measure to facilitate onward return to the country of origin.

UNHCR is further concerned that the final text permits more extensive use of detention, including for longer and repeated periods. Stronger safeguards are needed, particularly for children, who should not be detained for immigration purposes, and alternatives to detention should be used whenever possible. UNHCR continues to emphasize that detention should be used only as a measure of last resort, following an individualized assessment, for the shortest time possible, in the absence of suitable alternatives and subject to effective procedural safeguards and judicial oversight.

UNHCR looks to Member States to implement the Return Regulation in a manner consistent with their obligations under international and European law. The Agency will continue to engage constructively with EU institutions and Member States to support rights-compliant implementation of the new framework and to help ensure that protection safeguards remain effective in practice.

For further information, please contact:

Christine Pirovolakis: [email protected] Tel: +44 7931 832164
Aoife Kavanagh : [email protected], Tel: +353 87 9196705