Tag Archives: Accelerated Return Procedures

by | 11 Oct 2011 · 04:39

Italy Extends Temporary Permits for Tunisians Who Arrived Before 6 April 2011 and Extends Declaration of State of Emergency Relating to Influx of Migrants from North Africa

Italy has extended for an additional six month period the temporary residency permits issued to Tunisian migrants who arrived in Italy after 1 January 2011 and before 6 April 2011.  Italy also extended until 31 December 2012 the “Declaration of a state of humanitarian emergency in relation to the exceptional influx of citizens from the countries of North Africa.” (“Proroga dello stato di emergenza umanitaria in relazione all’eccezionale afflusso di cittadini appartenenti ai paesi del Nord Africa.”)

The decree granting the extension of the temporary residency permits noted the positive actions that have been undertaken by the Tunisian government pursuant to the bi-lateral agreement of 5 April 2011 between Italy and Tunisia, specifically the increased supervision of the Tunisian coast, Tunisia’s actions to prevent and fight against illegal immigration, and Tunisia’s cooperation with the repatriation of Tunisian nationals.  The decree noted that the new Tunisian government which will be formed after elections later this month will be expected to confirm and strengthen bi-lateral relations, especially in regard to the voluntary return programme and immigration controls.

(… “Rilevato che, in base all’accordo del 5 aprile 2011 tra il  Governo italiano e quello  tunisino,  sono  proseguite  con  risultati  molto positivi sia l’attivita’  di  vigilanza  sulle  coste  tunisine,  sia l’azione di prevenzione e di  contrasto  dell’immigrazione  illegale, sia le operazioni di  rimpatrio  dei  cittadini  tunisini  giunti  in Italia successivamente alla citata data del 5 aprile 2011; Preso atto delle rinnovate richieste, che  pervengono  dal  Governo provvisorio tunisino, di proseguire nelle  linee  di  cooperazione  e collaborazione gia’ avviate;  Considerato altresi’ che tale  rapporto  di  collaborazione  dovra’ essere confermato ed ulteriormente rafforzato con  il  nuovo  Governo tunisino che si insediera’ all’esito delle  consultazioni  elettorali per l’Assemblea Costituente del 23 ottobre 2011, in  particolar  modo per  il  proseguimento  dei  programmi  di  rimpatrio  volontario  e assistito e per una efficace politica di programmazione dei flussi;…”)

Click here for text of temporary residency decree.  (IT)

Click here for text of extension of humanitarian emergency decree.  (IT)

Click here and here for articles.  (IT)

Click here for link to ASGI web page with relevant information.

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by | 10 Oct 2011 · 06:01

6 Month Temporary Residency Permits Issued in April by Italy to 12,000 Tunisian Migrants Set to Expire

In April of this year Italy issued temporary residency permits to most of the Tunisian migrants who arrived in Italy between 1 January and 6 April.  Accelerated return procedures facilitated by a new bi-lateral agreement with Tunisia were implemented for Tunisians who arrived in Italy on or after 6 April.  The issuance of the temporary residency permits triggered the temporary closures of internal EU borders by France and other Schengen countries.

Approximately 11,800 temporary permits were issued by Italy and they are now beginning to expire.  Everyone Group reported over the weekend that a decision has been reached by the Italian government to extend the residency permits for an additional six month period.

Click here and here for articles. (IT)

Click here for report from Everyone Goup. (EN)

Click here for my previous post on the temporary residency permits.

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by | 28 Apr 2011 · 05:47

Tunisian Migrant Boats Stop Arriving in Italy (for the time being) – Amnesty Int’l Criticises “Collective Summary Removals”

Italy has been continuing to deport newly arriving Tunisian migrants pursuant to the terms of its new agreement with Tunisia, the terms of which have not been made public.  Under the agreement, Tunisia has apparently agreed to the expedited returns of its nationals from Italy.  300 Tunisians were flown to Tunisia from Italy last week.

The mayor of Lampedusa, Bernardino De Rubeis, declared that the “immigration crisis” on Lampedusa is over (only 27 migrants remain on the island as of 26 April). The mayor called for the 500 extra police and military personnel who were brought to the island to deal with the migrants to leave as soon as possible so that tourists can use the hotel rooms currently occupied by the security personnel.

Amnesty International issued a Briefing Paper on 21 April: “Amnesty International findings and recommendations to the Italian authorities following the research visit to Lampedusa and Mineo.”  Amnesty is highly critical of the expedited return practices that have been implemented by Italy.

Excerpts from the Briefing Paper:

“Collective summary removals, reportedly of Tunisian nationals, from Lampedusa, from 7 April 2011 onwards, following the signing of an agreement between the Italian and Tunisian authorities.

Amnesty International is extremely concerned by the enforced removal that began on 7 April from Lampedusa, following the recent signing of an agreement between the Tunisian and Italian authorities. At the time of writing these forcible returns were ongoing and had reportedly been carried out twice a day by air since 11 April.

On 6 April, the Italian Ministry of Interior announced that Italy had signed an agreement with Tunisia pursuant to which the latter committed itself to strengthening border controls with a view to preventing departures, and to accepting the speedy readmission of people who had recently arrived and who will be arriving in Italy. Amnesty International is particularly concerned that, according to the above-mentioned announcement, Tunisian migrants arriving onto Italian shores may be “repatriated directly” and with “simplified procedures”.

In the light of this announcement, and given, in particular, Amnesty International’s findings in relation to the total inadequacy of asylum procedures on Lampedusa, the organization believes that those people who have been subjected to “direct repatriations” following “simplified procedures” have been victims of collective summary removals.

As far as Amnesty International could ascertain, people have been removed from the island within one or two days of arrival. Thus, it appears highly unlikely that they would have had access to any meaningful or adequate opportunity to assert that they should not be returned to Tunisia on international protection or other grounds. In the circumstances those removals would amount to summary expulsions (cf. the judgments of the European Court of Human Rights in the case of Hassanpour-Omrani v Sweden and Jabari v Turkey). Such practices are strictly prohibited under international, regional and domestic human rights and refugee law and standards. Additionally human rights and refugee law and standards require that the removing state must provide an effective remedy against removal. Removing people without giving them the chance of exercising their right to challenge their removal through an effective procedure gives rise per se to a human rights violation. This is independent of whether removal would place the individuals concerned at a real risk of serious human rights violations, which, in turn, would constitute a breach of the non-refoulement principle.

Amnesty International calls on the government of Italy to:

  • disclose the agreement reached with the Tunisian authorities;
  • immediately desist from any further summary removals;
  • ensure that anyone arriving on Italian shores is adequately screened to assess any potential protection needs, and that they are provided with adequate information about their right to challenge removal on international protection or other human rights grounds; and
  • ensure access to fair and effective asylum procedures as well as access to procedures to challenge removal on other grounds.”

Click here and here for articles. (IT)

Click here for Amnesty’s Briefing Paper.

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by | 11 Apr 2011 · 05:29

Italy to Begin Two Daily Repatriation Flights to Tunisia; Frontex Also Seeking Agreement with Tunisia to Expedite Returns

Prime Minister Silvio Berlusconi said two daily repatriation flights to Tunisia will begin today, Monday.  Frontex Director Ilkka Laitinen said Frontex is “trying to put in place ‘as soon as possible’ a new protocol with Tunisia on sending back irregular migrants….  Laitinen told a group of journalists in Brussels on Friday (9 April) that: ‘For the time being there have been no joint returns to Tunisia co-ordinated by Frontex, as we have no working arrangement with the relevant authority.’”

Click here, (EN), here (EN), and here (IT) for articles.

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by | 08 Apr 2011 · 05:24

Italy Repatriates First Group of Tunisians

Italy returned a group of 30 Tunisian migrants to Tunisia on Thursday evening.  They were returned to Tunisia under the terms of the new Italy-Tunisia migration agreement.  The migrants were flown from Lampedusa to Italy.

Click here and here for articles.  (IT)

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by | 06 Apr 2011 · 05:08

Italy-Tunisia Reach Migration Agreement: 6 Month Residency Permits for Tunisians Already in Italy; Accelerated Return Procedures for Newly Arriving Tunisians

Italy and Tunisia reached a new migration agreement on Tuesday.  It was signed in Tunis by Interior Minister Roberto Maroni and Tunisian Minister Habib Essid.  Italy reportedly pressed Tunisia to quickly accept the repatriation of the 20,000 Tunisians who have arrived in Italy.  Tunisia refused to agree to the mass return of its nationals.

The compromise that was apparently reached will allow the 20,000 Tunisians who have already arrived in Italy to remain for at least six months with temporary residency permits and Tunisia in turn has apparently agreed to accelerated and simplified return procedures for newly arriving Tunisians that will not require fingerprinting or documentation.  Italy reportedly believes that the accelerated repatriation procedures, once implemented, will act as a deterrent to those Tunisians who may attempt to leave Tunisia after the agreement enters into force.

The accelerated return procedures are troubling in multiple respects.  While the overwhelming majority of persons who have reached Italy over the past two months are Tunisian nationals, over the past week or two for the first time there have been hundreds of non-Tunisians arriving in Italy and Malta.  Many are from Eritrea, Ethiopia, and Somalia and clearly have strong claims to international protection.  An accelerated return procedure will mean that persons with claims to asylum or who are in need of other forms of protection may not be properly identified.

Where will the accelerated return procedures be carried out?  Will migrants be rescued, brought to land, processed under the accelerated procedures, and then repatriated?  Or will Italy attempt to revive its push-back practice and attempt to turn boats around at sea?

The text of the agreement has apparently not been yet made public (at least I cannot find it), but various media reports suggest that its provisions include the following:

  • Six month temporary residency permits for Tunisian nationals who have already arrived in Italy (what happens when the six month period expires is not clear);
  • Temporary residency permits will allow free travel within the Schengen zone (but if the holder of the permit is outside of Italy when the permit expires, the person could apparently be returned to Italy);
  • Accelerated direct repatriation for newly arriving Tunisian nationals (the date on which the decree is signed will apparently determine whether a Tunisian receives the temporary permit or is subject to direct repatriation, the decree may be enacted as soon as today, Wednesday, 6 April);
  • Increased cooperation between Italy and Tunisia police / security forces;
  • Italy to provide 12 new and refurbished patrol boats and hundreds of off-road vehicles to Tunisia.

The announcement of this bi-lateral agreement comes one day after Frontex released its recently approved Fundamental Rights Strategy.  Click here for yesterday’s post about this strategy.  Note the following provisions within the strategy:

“14. [***] One particular objective in [Joint Operations] is ensuring that the right to international protection must not be hampered by the law enforcement action and that persons seeking protection are referred to the competent national authorities to assess their case.

15. [***] Corrective measures should be taken in case of breach or serious risk of breach of fundamental rights. As last resort, Frontex might terminate a JO if the conditions guaranteeing the respect for fundamental rights are no longer met. [***]”

It remains to be seen what Italy will do in regard to accelerated direct repatriations to Tunisia, but there is definitely the concern that the right to international protection may be hampered by Italy’s actions.  Frontex’s Joint Operation Hermes Extension is currently hosted by Italy.  Frontex may be obligated to act pursuant to its Fundamental Rights Strategy depending on what new practices are implemented by Italy.

Click here (IT), here (IT), here (IT), here (FR), here (FR), and here (EN) for articles.

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