UNHCR welcomes EU Return Regulation Proposal, calls for strong safeguards and focus on effective and sustainable returns

UNHCR, the UN Refugee Agency, welcomes the European Commission’s proposed Return Regulation as a positive step toward creating a more coherent and effective EU framework. UNHCR has long supported and advocated for the need for functioning return systems, as the  safe and dignified return of individuals found not to be in need of international protection is critical to the effective functioning of the international protection regime. The Regulation aims to improve the safe and dignified return of individuals from EU Member States. UNHCR acknowledges the significant challenges Member States face in enforcing returns and stands ready to support solutions.

UNHCR supports key aspects of the proposal especially:

• The creation of an independent mechanism for fundamental rights monitoring, which UNHCR recommends should be expanded to the entire return process – from the initial review of the case, not just the removal operation;
• The introduction of the possibility of staged returns, including using return hubs, which have the potential to enhance the effectiveness of the return process, when used within certain parameters and in line with human rights standards. In this regard, UNHCR specifically welcomes certain safeguards, including that unaccompanied children and families with children are exempt from transfer to return hubs;
• Access to return and reintegration counselling, by explicitly requiring Member States to establish national programmes helping individuals reintegrate sustainably.
• An explicit requirement that the best interests of the child be a primary consideration when applying the provisions of the proposed Regulation; and
• Clearly defined rights to information and legal assistance throughout the return process;
• The creation of common return procedures and provisions for return decisions to be recognized by all Member States, which may make returns more efficient and effective.

To complement these measures, UNHCR recommends certain changes be made by the European Parliament, the Member States and the European Commission as they enter into negotiations. As set out in its commentary UNHCR also makes several recommendations in relation to the proposal to reduce the risk of refoulement and to enhance fairness and effectiveness. These include: clarifying the parameters for the determination of a country of return including to ensure that returns of asylum-seekers rejected based on safe third country and first country of asylum concepts are considered only to those specific third countries;  ensuring that return hubs are not used for asylum-seekers whose claims have not been assessed and rejected in a full in-merits procedure; as well as providing for the automatic suspensive effect of appeal in cases of asylum-seekers not assessed on merits. UNHCR recommends that when detention is considered necessary, reasonable and proportionate in the individual case, the Regulation should explicitly require that alternatives to detention be explored first, with adequate procedural safeguards and an emphasis on the importance of voluntary returns as a more sustainable option. UNHCR also recommends that children are not detained for immigration related purposes as it is never in their best interests. 

Improving return outcomes should go hand in hand  with ensuring fair and efficient asylum procedures, expanding legal pathways to the EU for refugees and migrants, as well as ensuring the implementation of the Commission’s comprehensive whole-of-route approach by prioritizing protection, sustainable responses and shared responsibility.

UNHCR stands ready to further advise, support and assist the European Parliament, Member States, and the European Commission in identifying solutions to challenges faced in implementing returns which are effective and in line with European and international law.

For more information:

• UNHCR’s recommendations to the EU Return Regulation Proposal are available here.
• UNHCR’s position on “The Need for Effective Returns Systems and the Potential Role of Return Hubs” is available here.

For further queries, please contact:

• In Brussels, Christine Pirovolakis, [email protected], +44 79 31832164
• In Geneva: Eleni Biza, [email protected], +41 78 337 8082