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Detention. States shall not hold a person in detention for the sole reason tha the/she is an applicant for asylum. Where an applicant for asylum is held in detention, Member States shall ensure that there is a possibility of speedy judicial review.

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detention
Detention
  • States shall not hold a person in detention for the sole reason tha the/she is an applicant for asylum.
  • Where an applicant for asylum is held in detention, Member States shall ensure that there is a possibility of speedy judicial review.

The project is co-financed by European Return Fund and Estonian Ministry of Interior

detention ii
Detention II.
  • If the conditions in a detention centre do not meet the standards, this cannot be seen as a good practice and will not be in line with the ECHR and Fundamental Rights
  • In this context, good initiatives involving national border authorities, UNHCR and NGO’s working together to ensure compliance with human rights standards at the borders and detention centres.
survellience by ngo s
Survellience by NGO’s
  • For example, tripartite border monitoring agreements which provide UNHCR and NGOs partners’ permission to visit border areas and detention centres are already in place in Hungary, Slovenia, Slovakia and Romania.
c ooperating p arties
COOPERATING PARTIES

UNHCR

Regional Representation for Central Europe

Hungarian Helsinki Committee

National Police Headquarters

development alien policing cooperation system with ngo s
Development Alien Policing cooperation system with NGO’s

Border Guards

Police

From 2008

2002-2007

1994-2001

Continuous dialogue

Till 1993

Acceptance

Cooperation agreements

trainings

Participation in Eu competitions

Cooperation with lots of conflicts

There was no cooperation

main benefits for the police
Main benefits for the Police
  • continued cooperation,
  • open procedures,
  • help to find the mistakes in the asylum procedure of the Police,
  • same interpretation of the international and national laws,
  • continuous information flow and rapid reaction,
  • agreed publication,
  • trainings,
  • elaboration of the new fields and new tasks of the cooperation,
slide7
free and full access to the asylum seekers,

can determine whether the Police to ensure the protection of vulnerable persons with access to the territory of the Republic of Hungary and the asylum procedure,

requiring immediate action, inform the competent leader of the National Police and chief of the immigration unit,

coordinates the implementation of monitoring United Nations for use of resources.

Possibilities of the UNHCR

main tasks of the hungarian helsinki commitee
Main tasks of the Hungarian Helsinki Commitee

behalf and on behalf of the United Nations - under a separate contract - lawyers appointed to carry out surveillance over the activities of the planned monitoring to 2 business days

prior to announcing the coming of the purpose of the present customer is informed of the voluntary nature of the conversation,

prepare a statement setting out the international agreement, the UN monitors HHC and the availability of publications,

if necessary, replace them, the findings of a report within 15 days.

police tasks
Police tasks

ensure that vulnerable persons with access to the territory of the Republic of Hungary and the asylum process,

places the United Nations and the HHC under investigation for publications in accessible,

non-touch controls for monitoring the cases,

provides insight into the file,

provide statistical data.

benefits of the cooperation
Benefits of the cooperation

open procedure,

a continuous flow of information,

quick response time,

only the agreed text is publishable,

training.

unaccompanied minor
Unaccompanied minor

The position of minor migrants in detention should stop.

Regarding their special :

  • age
  • medical and menthal problems
  • best interest of the child
information background
Information background
  • The decision makers should be required to obtain and treat legally relevant, objective, up to date and transparent country of origin information.
slide13

The gap between the promises and the deeds

  • The role of international courts in forming the MS’s practice
  • No escape from responsibility:
    • The (extended) limits to jurisdiction: Al Skeini v. UK
    • No escape from the non-refoulement obligation by returning asylum seekers after interception on the high seas: Hirsi Jamaa v. Italy
    • Dublin: not a pretext to escape the obligation to decide
      • MSS v Belgium, C…. NS and ME v UK and Ireland
legislative harmonization
Legislative harmonization

The European Parliament and Council 

Directive 2008/115/EC  for returning illegally staying third-country Member States for common standards and procedures - Return Policy.

about t he changes generally
About the changes generally

Aliens coercive process is completely changed,Scope: just only the illegally staying third-country nationals!

two-stage model:1) voluntary deportation 2) expulsion

preference for voluntary repatriationentry and residence ban after the deportation will be possiblethe custody arrangements are changed: the scope of persons and duration

increases the number appeals: all expulsion decision against a special appeal to ensure the connecting

slide16
Expulsion is equal leaving obligation from the EU territory!

Deportation and voluntary departure

refusing the enter on the external border
Refusing the enter on the external border

According to the Schengen code (article 13.) the border guard officer has a right that refusal of entry to the person who does not have valid documents or visas and can not prove that other reasons for free from these conditions.

Exception:-the refugee applicant

- non-refoulmant principle

slide19

Surprize!!

STOP!!

Your windows too

dark.

slide20
All the arrested person shall be heard through an interpreter within 12/24 hours.

If he/she does not provehis or her identity or verify valid residence the authority has a right to use the relevant readmission agreements against the migrants or it is not possible suddenly, put him or her into the custody