Approach to Migration in Europe & V4 countries

Lesson 4 (Forced Returns, Expulsion, Detention, the Dublin System) 9. 11. 2022

In this lesson, we will first briefly look at the Dublin system and the rules for determining the EU Member State responsible for deciding on a particular application for international protection. 

The next topic will be the return of foreigners to their countries of origin and the detention of foreigners who are staying illegally. The lecturer of the second part will be Mgr. Anna Makarenko, who deals with this issue in the Public Defender's Office and who has participated as a monitor in a number of return operations.


Homework before the lesson:

Please turn in the written parts of the assignments by November 8, 06:00 p.m. (18:00)

Part 1 (Dublin System):

for the upcoming session, please prepare answers to the following questions. You do not need to submit your answers in writing in advance, but you will use them during the class discussion.

If you are from a European Union country: Try to find the latest statistics on the application of the Dublin III Regulation (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0604&qid=1666944276450) in your respective country. How many requests under this Regulation have been sent by your State to another Member State? How many have been received by your State? Is your country more likely to be a country that is required by other countries to accept applicants on their territory under the Dublin III Regulation? Or is it a country that finds other states' jurisdiction rather than its own? Can you explain why that is?

If you are not from a European Union country: Does your respective country apply the Dublin III Regulation (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0604&qid=1666944276450)? Does your State have any other means of declaring its lack of jurisdiction over an application for international protection? If so, how does this process work?

Part 2 (Returns, Detention):

For the upcoming session, please

1) read: the report of the Public Defender of Rights that deals with prevention of ill-treatment in one of the czech immigration detention centers. After carefully reading the report, you should be able to define the term ill-treatment in the context of immigration detention. Don´t write any summary but it´s expected that you come to the class prepared for the discussion that will follow.
The report is available at:

https://www.ochrance.cz/uploads-import/ochrana_osob/ZARIZENI/Zarizeni_pro_cizince/Report_Bela-Jezova-august-2015.pdf

2) write:
- which institution serves as the National Preventive Mechanism in your respective country (first see if your country ratified OPCAT - Optional Protocol to the Convention against Torture),
- what are the types of institutions that your NPM visits 
- what are the main systemic issues that your NPM observes (preferably in the context of immigration detention).

3) watch this short video on youtube that deals with return operations coordinated by FRONTEX.  (https://www.youtube.com/watch?v=4QypnsbxCF0) You see the procedure, you see the actors involved and the environment in which the deportation takes place.

Now, imagine a deportation of an irregular migrant (a migrant without any proper documentation, visa, or permits..). A person is being transported from a detention center in country A through the airport to a country B via airplane. Can you write what human rights could be possibly put at risk and why? Come up with at least 5 human rights that are at stake during the return mission. Let your imagination flow.


returns, detention
Illegal migration 9.11.Makarenko updated
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