UNHCR urges stronger safeguards in the new EU return rules

BRUSSELS - UNHCR, the UN Refugee Agency, has welcomed key elements of the Commission’s Return Regulation proposal and calls on the European Union to strengthen protection safeguards following the position agreed by EU Ministers in December 2025.

The safe and dignified return of individuals found not to need international protection is critical for a well-functioning asylum system. UNHCR underscores that the need for an effective system for returns is not incompatible with protection for individuals. UNHCR is concerned that these safeguards are not reflected in the current EU Ministers’ proposal – safeguards which are necessary to support safe, lawful and sustainable returns.

UNHCR is concerned that without added procedural safeguards, refugees could be returned to harm and stresses that it is possible to achieve a more effective return system without eroding essential procedural guarantees.

UNHCR’s concerns stem from the fact that the proposed Regulation would extend beyond regulating the return of individuals whose asylum claims have been fully examined and conclusively rejected. It would also apply to people whose claims have not been assessed on their merits, for instance on the basis that they could seek protection elsewhere - even though they may in fact have compelling needs for international protection. Without stronger safeguards added to the text recently proposed by the Council, the future EU return system could expose refugees, who are in need of international protection, to a risk of being transferred to countries where they may not be safe or able to integrate – undermining both protection and migration management goals.

As negotiations move forward, and in line with its earlier observations, UNHCR is urging EU lawmakers, in both the Council and European Parliament, to particularly consider amendments in the following areas.

First, UNHCR suggests clarifying the language contained in the Regulation to ensure that returns of asylum-seekers rejected based on safe third country and first country of asylum concepts are carried out only to the specific third countries considered during the asylum procedure and named in the return decision.

Second, UNHCR advises to amend certain rules concerning return hubs. While UNHCR recognizes the potential benefits of return hubs as a complementary measure in enhancing the effectiveness of returns, their use should be more carefully circumscribed. They should only be considered as an option for individuals whose asylum claims have been rejected in a full and fair in-merits procedure, only when direct return to the country of origin is not possible within a reasonable timeframe, with the goal of providing a location for temporary stays to facilitate staged returns to the country of origin.

Third, UNHCR recommends adjustment to the rules on appeals, given the importance of effective judicial protection in return procedures. To ensure that the principle of non-refoulement is respected, UNHCR considers it essential that returns be automatically put on hold during appeals where asylum claims have not previously been substantively assessed. Judicial review of any appeal should verify, on the basis of up-to-date information, that an individual would not be subjected to harm upon return.

Finally, UNHCR recommends that the rules on pre-removal detention be adapted. In compliance with international and European law, detention may only be imposed as a measure of last resort following consideration of less coercive alternatives, based on a detailed, individualized assessment. UNHCR also recalls its longstanding position that children should not be detained for immigration-related purposes, as detention is never in their best interests.

UNHCR’s proposed amendments will help ensure the Regulation complies with international and European law and will prevent refugees from being exposed to harm. UNHCR stands ready to support Member States and the European Parliament develop return systems that are effective and respect the rights of refugees and asylum-seekers.

UNHCR’s detailed observations on the European Commission’s proposal for a Return Regulation can be found here: https://www.refworld.org/legal/intlegcomments/unhcr/2025/en/150011

UNHCR's Note on The Need for Effective Returns Systems and the The Potential Role of Return Hubs can be found here: https://www.refworld.org/policy/legalguidance/unhcr/2025/en/149708

And UNHCR’s guidance on lawful transfers of asylum-seekers and refugees between States can be found here: https://www.refworld.org/policy/legalguidance/unhcr/2025/en/150357

For more information please contact:

In Brussels, Christine Pirovolakis, [email protected], +44 7931 832164