Hungary (2)
Irregural immigration
issue and return policy
The project is co-financed by European Return Fund and Estonian Ministry of Interior
Main elements of the good return policy
Detention centers
Possibilities of the:
Country information network
Supervising system
Forced return
Legal background
NGO activities
Voluntary return
Legal background
• International agreements,
common law
• Readmission agreements
• National immigration and
asylum legislation
Geneva Convention
The most important piece of international law on the protection of
refugees is the Geneva Convention, namely the United Nations
Convention on the Status of Refugees. Its current version entered into
force in 1951. The Convention ensures that nobody is sent back to
persecution and maintains the principle that no one should be
returned to a country where his/her life or freedom is at stake.
• In international law,
there is a principle that
is of paramount
importance—the
principle of nonrefoulement
(prohibition to return).
• The principle is applicable to
any refugee, asylum-seeker or
an alien who needs some
form of shelter from the state
whose control he/she is
under.
EU policy concerning the migration flow
• a) a common procedure,
• b) a uniform status for protected persons,
• c) more practical cooperation between Member States’
administrations and,
• d) increased support to third countries hosting a large number of
refugees and migrants.
The designated practice
1, Access to the procedure:
• In practice it is very important that a police officer (especially the border police) recognises that a person
wants to make an asylum application or temporary protection.
2,Personal interview:
• Designated to be two different hearing
• During the first hearing at the reception/detention centre, the migrant is interviewed about their identity,
nationality and their travel route. In the second hearing, ( if it needed ) also at the reception/detention
centre, the migrants is asked about the reason(s) for applying for asylum. Reports are written on both
hearings.
Requirements for a personal interview
• The quality of the interview conducted with the migrant is very
important because it can better safeguard his/her procedural rights
and avoid situations of refoulement.
• A good practice is to train and educate the interviewer adequately.
Free legal assistance
• States may provide in their national legislation that free legal
assistance and/or representation is granted only for procedures
before a court