Third country nationals and stateless persons are entitled to the reception conditions set out in the Reception Conditions Directive (recast) until a final decision is issued on their asylum application.
Continuation of access to reception services, including accommodation, once a final negative decision on the asylum application was issued varies based on national policies and context. The policies may range from immediate termination of reception to the obligation to leave the reception centre within a maximum number of days/weeks or the allocation to dedicated centres in view of preparation for return within a certain period and under certain conditions. The national context and the individual circumstances of the person will determine the content of the information to be provided.
In case the application for international protection was rejected, a potential appeal was unsuccessful and the person exhausted all legal avenues to legalise their stay in the host country on different (e.g. humanitarian or compassionate) grounds, the person will be issued a return decision.
The return decision, including the right to appeal, and the ensuing return process are regulated in the return directive (2008/115/EC). The return directive provides for several procedural safeguards, including information about legal and factual reasons for return, access to a remedy in front of an independent body, possibility of the appeal to have a suspensive effect and access to a legal assistance or representation.
The return directive provides for two forms of return:
- voluntary return/departure
- forced return/removal.
According to the return directive, voluntary departure should be the preferred option over forced return (if the circumstances permit). Conversely, forced return should take place only when the person did not receive an option for voluntary departure on specific grounds (see the section on forced return), did not comply with this option or shows the propensity to flee (risk of absconding) during the period for voluntary departure.
The information about the possibility that a return decision might be issued as an outcome of the asylum procedure, and the existence of two forms of return, should be conveyed throughout the reception pathway. Also, basic information about the existence of the voluntary return and reintegration programmes and the possibilities they provide should be given already at the start of the reception pathway (see EUAA Guidance on Reception – Operational standards and indicators, 2024, Standard 28). In fact, independently from return in the end of reception phase (i.e. resulting from an unsuccessful asylum application and/or return decision), applicants who are still in the asylum procedure may at any moment decide to leave voluntarily, based on an informed decision, and in safety and dignity. For guidance on information provision regarding such a form of voluntary return, see also the topic ‘Voluntary return’ under the Asylum Procedure page.
Forced return can be introduced as the alternative to voluntary return, when providing information about the possible outcomes of the asylum procedure. As the asylum procedure progresses, especially after a first negative decision on the asylum application, information on return should become more detailed. At the end of reception phase, when a final negative decision on the asylum application is issued, the person should receive more detailed information, tailored to their specific situation.
Throughout the reception pathway, when the responsibility to provide information on voluntary return falls under the competence of different authorities or institutions, reception authorities should facilitate contacts and promptly refer the applicant to the relevant actor, especially when they show an interest to avail themselves of such options. More targeted information should we provided, where needed, with the support of competent authorities.
Whereas reception staff can provide basic information on return (including explanation of the forms of return, existence of voluntary return programmes, persons to contact), detailed information (and counselling) requires specialised trained staff, such as (voluntary) return counsellors. The Operational manual on return counselling developed by European Return and Reintegration Network (ERRIN) provides useful guidance for return counselling. The International Organization for Migration is one of the key organisations involved in voluntary return and reintegration programmes. Assistance can also be provided by other intergovernmental and non-governmental organisations or directly by state authorities. In turn, Interior Ministry specialised bodies tend to be involved in information provision on and organisation of forced return.
For more information, read the dedicated pages: