Frontex developed the EU curriculum for return and reintegration counsellors to align and professionalise counselling throughout the Member States. It conducts such training to promote and increase voluntary returns in general. Professional return counselling in combination with the possibilities and support of the EU Reintegration Programme (EURP) helps to ensure a dignified return and reintegration support in the countries of return (see the link for resources such as flyers and success stories that can help in discussing the reintegration options). See the Quick View Manual on Return and Reintegration Counselling – an interactive manual for return counsellors that reflects best practices and a common approach in counselling.
National authorities, alongside international organisations (e.g. the International Organization for Migration) and non-governmental organisations also provide counselling and support on return, mainly voluntary return and reintegration.
Other useful resource for guidance on return counselling include the Operational manual on return counselling (developed by European Return and Reintegration Network (ERRIN)) – provides useful guidance for return counselling.
Third-country nationals and stateless persons applying for international protection on a Member State’s territory, including at external borders, territorial seas or transit zones, are entitled to the reception conditions set out in the reception conditions directive (RCD (2024)). This is the case as long as they are allowed to remain on the territory as applicants for international protection (Article 3 (RCD (2024)). The right to remain laid down in the APR depends on the type of procedure/examination within which the application is processed.
Applicants for international protection could be channelled to the applicable return procedures, before or after receiving a return decision, in the following situations.
Before
- The applicant explicitly withdraws* the application and becomes a former applicant. They thus no longer fulfil the conditions for legal stay and are referred to the competent return authorities, which must, with some exception, issue a return decision.
* Applicants for international protection have the right to withdraw their asylum application at any stage of the asylum procedure and to return voluntarily to their country of origin or another country where they are legally permitted to enter.
After
- After the asylum border procedure (e.g. where an application at the external borders is unfounded or inadmissible).
- After the asylum procedure(s) within the territory (when they receive a negative decision).
Member States must ensure that procedures are efficient and prevent absconding or unauthorised movements by avoiding any gap between the rejection of an application for international protection and the issuance of a return decision. For this, a return decision must be issued immediately. It can either be included in the rejection decision or delivered as a separate decision at the same time or without undue delay. The notification of the return decision must fully respect the applicant’s right to an effective remedy (recital 40 and Article 37 APR).
Pre-return measures generally do not fall directly within the responsibilities of reception authorities, as their implementation typically involves other actors. Nonetheless, in various Member States, applicants accommodated in reception facilities, particularly those with lower prospects of being granted international protection (e.g. following a first negative decision) are provided with information on available return options.
Throughout the reception pathway, applicants should receive clear information about their right to return voluntarily at any given time during the asylum procedure. They should also receive information on the possible outcomes of their asylum procedure – including the issuance of a return decision – and about the existence of the following options:
- voluntary return/departure
- forced return/removal.
Regular return procedure (the person has access to the territory) is regulated by the Return Directive (2008/115/EC), including the return decision and the right to appeal.
Return border procedures (the person doesn’t have access to territory) is regulated by the Return Border Procedure Regulation (2024/1349/EC).
Voluntary return should be the preferred option over forced return, if the circumstances allow (e.g. where there are no reasons to believe that voluntary return would undermine the purpose of a return procedure). Conversely, forced return should take place only when the person did not receive an option for voluntary return on specific grounds, did not comply with this option or presents a high risk of absconding while awaiting voluntary return.
Reception authorities should ensure that information on return is provided early and progressively in line with the principle that arrival, stay and end of reception (which includes integration and return) should be coherent parts of the same pathway.
Reception staff may provide basic information on return, including on the return options. Reception staff should refer the person to the authorities or organisations providing more detailed information on return options.
Trained return counsellors should further inform the applicants on their return options by taking into account the individual circumstances of the applicant, in full respect of fundamental rights and the available support schemes that can be accessed by the applicant.
For more information, see the dedicated pages: