Like voluntary return, forced return is regulated in the Return Directive (2008/115/EC).
Forced return is referred to as ‘removal’ and implies the enforcement of the obligation to return, namely the physical transportation of the person by the authorities of the Member State, following a return decision (Article 3(5) return directive).
Forced return is decided when the person:
- has not received the option of voluntary departure, for example due to a risk of absconding, a manifestly unfounded or fraudulent application for legal stay or a risk to national security or public order (Article 7(4) return directive)
- has not complied with the conditions of voluntary departure, meaning they have not left the territory within the specified period (Article 8(1) return directive)
- displays a risk of absconding during the period for voluntary departure (Article 8(2) return directive).
Return, removal and entry-ban decisions must be given in writing, stating the reasons and available legal remedies. Before issuing a return decision for an unaccompanied child, independent bodies must assist the process, ensuring the child’s best interests are prioritised. The child can only be returned if authorities confirm they will be received by family, a guardian or suitable care facilities in the destination country (Article 10 return directive).
Member States may detain a third-country national under return procedures only if no effective, less coercive measures are available (Article 15 return directive). Detention is allowed to prepare or carry out the return, particularly when there is a risk of absconding or when the person avoids or obstructs the return process.
Forced return could be postponed if the person’s physical or mental state does not allow for the procedure to take place (Article 5 and Article 9(2) return directive).
When Member States use coercive measures to remove someone who resists return, these measures must be proportionate, limited to reasonable force and carried out in line with national law, fundamental rights and respect for the person’s dignity and physical integrity. Some countries apply different levels of supervision and restraint depending on the individual’s behaviour or risk level.
To ensure cost-effectiveness, Member States may organise joint return operations, with Frontex providing technical, operational and financial support. Member States are also required to have an effective monitoring system for forced returns, carried out by the responsible national institutions or official bodies (e.g. prosecution service, ombudsperson). In return operations coordinated by Frontex, Member States can request monitors from the Frontex the pool of forced-return monitors. The Fundamental Rights Officer of Frontex may also assign fundamental rights monitors to Frontex-coordinated return operations to observe fundamental rights compliance.
Information provision messages
Reception staff can share basic information on forced return, preferably during joint sessions with the authorities in charge of these procedures. As this information may be distressing, such sessions should, where possible, be limited to applicants likely to face forced return or when authorities have decided to proceed with a forced return.
During these sessions, the persons should receive additional details on topics such as the ones below.
- Rights and safeguards for persons subjected to forced return. See examples below.
- Right to be informed on the process and its timelines in a language and manner that the applicant can understand and access.
- Right to challenge a return decision through a legal remedy.
- Right to dignity and protection from ill-treatment during the forced return.
- Access to medical and mental health support before return.
- Safeguards for vulnerable persons such as individual assessment and medical check before return, support of a representative for unaccompanied children, child-trained escorts, adequate transport for vulnerable persons, adequate medication.
- Overview of the forced return process, including possible use of restrictive measures (e.g. escorted return) and key procedural steps (e.g. interviews with consular authorities).
- Legal remedies available to submit a complaint about treatment during the return process.
- Reintegration support after return (if available).
- The consequences of not cooperating during forced return (e.g. the possible use of restraint measures such as handcuffs).
- Practical information and arrangements for forced return:
- transport details (e.g. mode, schedule, route and luggage limits)
- required documents (e.g. passport and other papers)
- coordination with authorities in the destination country
- personnel involved and their roles (e.g. law enforcement, medical staff).
Practical tips
- Determine when to share specific details, ensuring information is provided shortly before return (typically a few days in advance) to allow adequate preparation and understanding, while also considering the individual’s profile and any risk that early disclosure could hinder the process.
- Be aware that information on forced return may cause distress. Staff providing such information should be specially trained in conflict-sensitive approaches, with support from professionals trained in mental health and psychosocial support when needed.