Hungary (3)

Expulsion Policy:

illegal border crossing or attempting to do it

Invalid work permit  or working without proper  residence permits

public policy, public security,  health national security reasons

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

Prohibition of entry and residence

Deportation under the Aliens legislation:Required: expulsion order is made,Discretion: the nature of the infringement, the seriousness of foreign personal circumstances, re-admission policy, public security or national security risks of Subject

Alien Policing Detentions Centres

Alien Policing Detentions Centres

Detention Rules

can not be ordered in custody of minors against solely on the basis that someone has submitted an application for asylum families with children can also be ordered against a child's best interests in mind,

above all, if milder measures, the removal operation is not guaranteed, but you can only measure up to the final 30 days

Possibilities of land removal operations:

- Simplified readmission- Normal readmission

- Official transport

All the removal operations are based on readmission agreements, which are

signed with all the neighboring countries or EU.

Readmission Agreements of Hungary

with EU Member States: with Third Countries:

1. Benelux States2. Bulgaria3. Czech Republic4. Estonia5. France6. Greece7. Poland8. Latvia9. Germany10. Italy11. Austria12. Portugal13. Romania14. Slovakia15. Slovenia

1. Ukraine2. Albania3. Moldova4. Croatia5. Serbia6. Macedonia7. Bosnia-

Herzegovina8. Montenegro

Switzerland

Bilateral Readmission Agreements

Existing agreements: Agreements signed:

1. Hong Kong 2. Macao3. Sri Lanka4. Albania5. Russia6. Ukraine7. Moldova8. Macedonia9. Montenegro10. Serbia11. Bosnia and Herzegovina

• Pakistan • Georgia

ChinaAlgeria

Readmission Agreements between the EU and Third Countries

Negotiations not yetformally launched:

Ongoing Negotiations:

• Morocco• Turkey • Cape

Verde

Removal operation by air

History of AVR programmes in Hungary Its ”legal ancestor” was launched in 1993, but the ever changing

circumstances and experience made it necessary to revise it

February 1997 : Memorandum of Understanding was signed between IOM and the Ministry of Interior that stipulated the tasks, obligations and responsibilities of both parties

2000: New Agreement due to the establishment of the Office of Immigration and Nationality ( OIN )

Regular consultations, daily working contacts between IOM , OIN and Borderguard/ Police

As of November 2004 - ERF/EMA (HARIP 1,2,3)

Caseload for Hungary 180 returnees, 18 reintegration schemes (business/education grant –EUR 2000/person)

Advantages of AVR programmes

1 Cost-effective, humane

2 No deportation stamp in the passport

3 Pocket money AND reintegration allowance if applicable to start a new life (business plans/education) –sustainability, new chances at the local labour market

4 Transit visa waivers

5 Fast administration

In sum

A state may not escape its moral and legal responsibility by acting outside its territory or relying on (unfounded)

presumptions about other states’ respect for fundamental rights

FRIENDS may not be able to PULL you up…….butTHEY will still think of ways not to let you FALL….

Questions ?!

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