A/HRC/23/46
Immigration Liaison Officers Network, noting that a network of liaison officers was in
place in most of the countries surveyed in the report, but noting also that there was a need
to further strengthen this network. The Thessaloniki European Council of 19 and 20 June
2003 emphasized the need for acceleration of work on adopting the appropriate legal
instrument formally establishing the Immigration Liaison Officers Network in third
countries, at the earliest possible date.
86.
Council Regulation (EC) 377/2004 formalises the network of immigration liaison
officers (ILO), and defines “immigration liaison officer” as a representative of one of the
Member States, posted abroad by the immigration service or other competent authorities in
order to establish and maintain contacts with the authorities of the host country with a view
to contributing to the prevention and combating of “illegal” immigration, the return of
“illegal” immigrants and the management of legal migration. The immigration liaison
officers are tasked with collecting information for “use either at the operation lev el, or at a
strategic level, or both” particularly concerning, inter alia, flows of “illegal” immigrants,
routes followed by those flows and their modus operandi.
87.
Regulation 377/2004 was amended by Regulation (EU) 493/2011 of the European
Parliament and of the Council providing, inter alia, that Representatives of the Commission
and Frontex may participate in the meetings organised within the framework of the
immigration liaison officers network.
C.
Legal, institutional and policy framework with regard to the return of
irregular migrants
88.
Article 79.2(c) of the Treaty on the Functioning of the European Union provides that
the EU shall adopt measures in the area of “illegal immigration and unauthorised residence,
including removal and repatriation of persons residing without authorisation”.
1.
The Return Directive
89.
In 2008, the EU adopted common rules for managing the return of irregular migrants
(Return Directive, 2008/115/EC). The Directive sets out common standards and procedures
for returning “illegally staying third-country nationals”, in accordance with “fundamental
rights as general principles of Community law as well as international law, including
refugee protection and human rights obligations” (Art 1). The Directive requires that a
period for voluntary departure be granted (Art 7), and provides for non-custodial measures
during this period (regular reporting to the authorities, deposit of an adequate financial
guarantee, submission of documents or the obligation to stay at a certain place).
90.
Return decisions and, if issued, entry-ban decisions and decisions on removal shall
be issued in writing and give reasons in fact and in law, as well as information about
available legal remedies, and Member States shall provide, upon request, a written or oral
translation of the main elements of decisions related to return, including information on the
available legal remedies in a language the third-country national understands or may
reasonably be presumed to understand (Art 12). Art 13 provides the right to an effective
remedy to appeal against or seek review of decisions related to return, before a competent
authority, which shall have the power to review decisions related to return, including the
possibility of temporarily suspending their enforcement. The third-country national
concerned shall have the possibility to obtain legal advice, representation and, where
necessary, linguistic assistance.
91.
Article 9 provides that removal shall be postponed when it would violate the
principle of non-refoulement, or for as long as a suspensory effect is granted in accordance
with Article 13(2). Removal may also be postponed due to specific circumstances such as
38