Inventory Of The Agreements Linked To Readmission

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In concluding a standard readmission agreement, the parties agree to apply removal procedures without unnecessary formality and within a reasonable time frame, in accordance with their obligations under their national legislation and international human rights and refugee protection instruments, in accordance with the 1951 Geneva Convention on the Status of Refugees and its 1967 Protocol. , the 1966 International Covenant on Civil and Political Rights, the 1984 UN Convention Against Torture and, more recently, the 2000 European Charter of Fundamental Rights. All of these internationally recognized instruments require states not to deport people (migrant or non-migrant) to countries or territories where their lives or freedoms would be threatened in some way. The structure of the EU readmission agreement requires the requesting state to apply for readmission to the state through which the application is made so that the person can be returned. However, the application does not contain any information clearly indicating the reasons for a person`s return. As a result, it is impossible to know whether an asylum seeker has had the opportunity to go through a fair identification procedure, i.e. to have his or her situation checked individually. Indeed, several EU Member States have deported asylum seekers as part of a readmission procedure which, in violation of international law, has been denied access to an individual review of their case. This is a dangerous situation in that it helps to legalize the deportation of asylum seekers despite the principle of non-refoulement.

The inventory is the result of long-standing research. It also owes its existence to the instrumental contribution of many respondents, including national and international officials, who were kind enough to accept the sending of documents and information or to respond to unofficial requests. Less than 40% of irregular migrants who have been asked to leave the EU do return to their country of origin or to a third country.

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