General overview of return policy

type: Article , Topic: Migration

As the more humane, less legally cumbersome and less expensive alternative, voluntary assisted return always takes priority over forced return.Although more than 25,000 people were forced to return in 2016, up from 11,000 in 2014, Germany currently holds 215,000 rejected asylum-seekers who have to leave the country (figure as of March 2016). That figure is expected to increase significantly by the end of 2017 year due to the completion of pending asylum cases.

Voluntary returns and return assistance

For more than 30 years, the Federal Government and the states (Länder) have promoted voluntary returns (or onward migration), especially of foreigners required to leave the country, through the Reintegration and Emigration Programme for Asylum-Seekers in Germany (REAG) and the Government-Assisted Repatriation Programme (GARP), which cover travel expenses and provide a transport allowance and start-up aid.
Since 1st February 2017 the supplementary federal programme StarthilfePlus is offering support to those who have little chance of being granted asylum, providing them a financial incentive to return voluntarily during the asylum process, at the latest within the period set for their departure: an asylum-seeker whose claim looks unlikely to succeed and withdraws his or hers application will get an extra €1,200. If the application is rejected and the asylum seeker does not appeal, he or she will get a reduced extra of €800. The programme is administered by the International Organization for Migration (IOM), as is the REAG and GARP programme.
Since these programmes were initiated, more than 666,000 persons from all over the world have received financial or organizational assistance to return voluntarily to their home country or move to a third country willing to take them in. In 2016 54,000 took up the offer, up from 35,000 in 2015 and 13,000 in 2014.
The Federal Office for Migration and Refugees (BAMF) is responsible for managing the voluntary return funds. The Information Centre for Voluntary Return (ZIRF) at the BAMF offers information on assistance for voluntary returns, on state offerings and advising services prior to return.

Reintegration

The reintegration of returnees in their country of origin is an increasingly important part of return policy. Assisting returnees to become established locally in economic and social terms is intended to help them make a new start at home. At the same time, however, the prospect of such assistance can be an incentive for (repeated) illegal entry for economic reasons alone.
For this reason, the Federal Government and the states of Baden-Württemberg, Lower Saxony, Mecklenburg-Vorpommern, North Rhine-Westphalia, Saxony, Saxony-Anhalt and Thuringia have supported e. g. the URA 2 ("bridge" in Albanian) project for returnees to Kosovo. This project offers concrete, practical local support and social and psychological counselling for all returnees from the participating states, regardless of their ethnicity or the circumstances of their return, to help them become reintegrated in Kosovar society. In addition, the project provides financial assistance and grants, for example to cover the cost of initial home furnishings, rent, wages and business start-ups, special language courses or school supplies.

European Return and Reintegration Network (ERRIN)

The European Return and Reintegration Network (ERRIN) is a joint return and reintegration programme of a number of European partner states.
The programme (6/2016-12/2021) aims at:

  • individual support after returning to the country of origin (third country),
  • help when starting up in business and social support from service-providers, and
  • stepping up the dialogue with third countries.

Reintegration services for returnees (third-country nationals) from Germany can currently be offered available for the countries: Afghanistan, India, Iran, Iraq, Marocco, Nigeria, Pakistan, Russian Federation (only Chechnia), Somaliland, Sri Lanka and Ukraine.

European Return Fund / European Asylum and Migration Fund

The European Return Fund has supported EU Member States to manage return-related migration policy challenges at the European level. From 2008 to 2013, the ERF provided support for national return projects and international return policy projects run by multiple Member States. Since 2014, the European Return Fund has been part of the common European Asylum and Migration Fund (AMIF).

Readmission

States have under public international law the obligation to readmit their own nationals.
The immigration authorities of the states are responsible for enforcing the return of persons without a right to stay in Germany. The Federal Ministry of the Interior and Community in close consultation with the Foreign Office negotiates readmissions agreements and protocols with countries of origin to enhance cooperation at the working level. When dealing with countries of origin, only a coherent and tailor-made approach is useful making all incentives, leverages and other instruments in various policy areas available. The development of comprehensive strategies should take into account the interests and needs of the countries of origin. Bilateral activities are streamlined with the negotiations at EU level and planned in a close strategic dialogue with the European Commission and other like-minded countries.