UNHCR calls for better safeguards in EU Return Directive

The EU Return Directive, which seeks to provide common standards on return procedures for illegal immigrants, does not incorporate all the safeguards necessary to ensure that returns take place in safety and dignity, the United Nations High Commissioner for Refugees (UNHCR) has cautioned.

The European Parliament is tomorrow expected to vote on the directive's compromise text that was agreed upon by EU Home Affairs Ministers earlier this month.

According to the UNHCR, the directive - that is to be applied in member states for returning illegally staying third-country nationals - does not afford a satisfactory level of safeguards to ensure that removals are not made contrary to international refugee law or other fundamental rights. Unlike instruments adopted in the asylum field, the proposed Returns Directive purports to set common rather than minimum standards, UNHCR said.

"Although member states have the option to adopt or maintain higher standards, UNHCR remains concerned that standards on removals are likely to drop as a consequence of this text."

UNHCR welcomed references to the principle of non-refoulement (protecting refugees from being returned to their country) but is concerned that the risk of refoulement could still arise in practice.

The directive allowed member states to exclude any persons apprehended during the illegal crossing of an external border, and who had not subsequently obtained authorisation to stay.

This could mean that the protection contained in the directive would apply only to third-country nationals who entered the EU legally. However, in view of visa regulations and other entry restrictions, many persons seeking protection were compelled to enter the EU in an illegal manner, the UNHCR said.