Brussels, 05/09/2005 (Agence Europe) - Thirteen non-governmental organisations are calling for assurances about the removal of irregular migrants and rejected asylum seekers, assurances which are not included in the draft directive unveiled on Thursday by the European Commission. In a memorandum published the same day as the European Commission's draft directive (see EUROPE 9018), Caritas Europe, Amnesty International, the European Council for Refugees and Exiles, and other groups listed nine principles to be adhered to.
The NGOs argue that everyone subject to a removal order or a deportation order should have the right to an individual in-country appeal (as is included in the European Commission's proposals) but this should be suspensive (the European Commission's proposal says that Member States are free to diced whether or not the appeal should suspend the deportation, even if this is not covered by law). One of the innovative areas of the draft directive is the option of deciding, at the time of the deportation, that the person shall be banned from returning to any part of the European Union for up to 5 years. The NGOs fundamentally oppose this, seeing re-entry bans as a double penalty that may have potentially far-reaching consequences for the right to asylum.
Opposing detention for the purpose of removal of people who have committed no crimes, the NGOs want a maximum time limit, as short as possible, to be determined by law. The European Commission has suggested six months. The 13 NGOs say that rules protecting clandestines and rejected asylum seekers should apply in every case, but the European Commission suggests airport transit zones should be exempt. The European Commission wants the inspection of detention areas by international NGOs and organisations to be subject to authorisation by the country in question, but the 13 NGOs want independent bodies to make regular, unannounced and unrestricted visits.