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Forced return

Information provision messages

When providing information about voluntary return, in particular when a return decision has been issued, consider providing also the following information about a possibility of forced return:

  • Meaning and implications of a return decision and reasons for receiving it.
  • The difference between a voluntary return and a forced return, outlining advantages of the former.
  • Forced return as a consequence of a non-compliance with a return decision via a voluntary return and/or non-cooperation with the authorities, including showing the propensity to flee (so called the risk of absconding).

When authorities have decided to proceed with forced return, consider providing the returnee with the following more detailed information on forced return procedure: 

  • Reason for forced return (typically non-compliance with the return decision via voluntary return). 
  • Legal basis for forced return, including relevant legal provision governing the process.
  • General features of forced return procedure (such as escorted return under restrictive measures) and key steps (e.g. interview with consular authorities).
  • The possibility that the authorities, might use restraint measures (e.g. handcuffs) in order to ensure the safe and secure implementation of the return, (e.g. in case the person resists the removal). Explain that these measures would be implemented in accordance with the national law, in respect with the dignity and physical integrity of the returnee. 
  • Rights of individuals subject to forced return, including legal remedies available to submit a complaint about the treatment during the return process.
  • Access to support services during and after the return process (if such return, reception or reintegration support is available in the context of forced return).
  • The presence and the role of the following personnel during the return: 
    • Law enforcement officials
    • The medical personnel.
    • Other personnel involved to assist persons with special needs and children, for instance specifically trained personnel for children, including guardian for unaccompanied children as well as specific arrangements: e.g. educational and play material foreseen for children, specific flight arrangements for persons with a medical condition or disability taking into account their individual medical and accessibility needs. 
    • Return monitors (including their role of supervising that return operations are conducted in full respect with fundamental rights).

When the date of the return operation gets closer, consider providing the returnee with the following information on logistics: 

  • Transportation arrangements, including modes of transportation, flight schedule (date, time, route (including any stopovers)) and practical arrangements (including volume of luggage that can be taken).
  • Documentation requirements, including the documentation needed for forced return (such as identification documents) and any additional paperwork required.
  • Coordination with authorities in the destination country, including notifications and arrangements upon arrival.
  • Specific arrangements to be ensured for persons with special needs, including child-specific and trained escorts for children, adequate medication for persons with medical conditions or suitable practical arrangements for elderly persons and persons with disabilities.
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Practical tips

  • Oral communication is well suited for providing information on forced return to carefully address the potential impact of the process on individuals and families. 
  • Oral communication channels can be complemented by written materials (leaflets, posters with pictograms), videos and online resources (government websites).
  • General information on the possibility of forced return can be disseminated periodically during the phase of end of reception (when a final negative decision on asylum request and/or return decision was issued) and be included in information messages on return more widely (first emphasizing the requirement to comply with a return decision voluntarily and the consequences of non-compliance). 
  • Prioritise individual (or family) interviews/conversations as they allow for nuanced discussions tailored to the specific circumstances of each case, ensuring that recipients fully understand the implications and available support mechanisms. During family sessions, make sure to address women and use child friendly language and support. Consider that some sessions might be carried out only with parents. 
  • To respect the person’s right to information and increase their willingness to cooperate in return, they should receive ample information about the upcoming return. 
  • Decide on the time-lines for communicating specific details about planned forced return: for example, what should be provided shortly before the operation (usually some days before the return) but in a moment allowing sufficient time to prepare and understand the process. When communicating the schedule for the flight (departure date, time, flight and route), first consider the risk of the returnee hampering the process based on their individual profile.
  • To ensure that the person understands the process, use interpreters (if they are not available in person, interpretation could be done over the phone or through online/video-conference tools).
  • For persons willing to receive more information, ensure that staff/counsellors are available for further information meetings and communicate their working hours.
  • Be aware that at this stage of the process, persons may have a low frustration tolerance, display lack of cooperation, unwillingness to return, mistrust towards the staff or stress reactions (emotional or aggressive behaviour). To be able to handle stress reactions, staff should be trained (including in communication skills) and experienced. 
  • Regarding information provision for applicants with special needs, consider involving social workers and psychologists and using customised information materials (including books for children, videos and images for illiterate persons, or content otherwise adapted to the special needs of the person (simpler language, pictograms, subtitles, visual text, sign language interpretation).

Related content

  • Like voluntary return, forced return is regulated in the return directive (Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals). It 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 (return directive, Article 3(5)). 

    Forced return is decided when 1) the person has not received the option of voluntary return/departure (this can be the case if the person displays a risk of absconding, their application for a legal stay has been dismissed as manifestly unfounded or fraudulent, or if the person poses a risk to public policy or security or national security (Return directive, Article 7(4))); 2) has not complied with the conditions of voluntary return/departure (i.e. has not left the territory within the specified time-period) (return directive, Article 8(1)); or 3) displays a risk of absconding during the period for voluntary return/departure (return Directive, Article 8(2)).  

    Where Member States use — as a last resort — coercive measures to carry out the removal of a person who resists removal, such measures should be proportionate and should not exceed reasonable force. Coercive measures should be implemented in line with national legislation in accordance with fundamental rights and with due respect for the dignity and physical integrity of the person concerned (return directive, Article 8(4)). Some Member States foresee various forms of forced return reflecting the intensity of supervision and restraint, depending on the specific circumstances of the case (in particular (foreseen) resistance of the person). 

    To reduce costs of forced returns, Member States sometimes organise joint returns. Frontex offers a wide-ranging (administrative, practical and financial) technical support to Member States in organising and carrying out forced returns. 

    Member States are bound to provide for an effective forced-return monitoring system (return directive, Article 8(6)). In practice, monitoring is carried out by national human rights institutions, NGOs or official bodies.