The Republic of Slovenia’s Return Procedures for Irregular Migrants and Asylum Applicants in Theory and Practice

Tomc, Žiga and Hacin Valič, Petra (2023) The Republic of Slovenia’s Return Procedures for Irregular Migrants and Asylum Applicants in Theory and Practice. LAW, IDENTITY AND VALUES, 3 (2). pp. 311-342. ISSN 2786-2542 (print); 2786-3840 (online)

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Abstract

This study explores return procedures in Slovenia for irregular migrants and rejected asylum applicants, and how they are interlinked. It outlines the current legal framework in this area and highlights important court decisions that impact the implementation of its provisions. This study examines the international protection procedure and its outcomes including the recognition of international protection, return under the Dublin regulation or negative decision and issuance of the return decision. It further explains the obligations of the government and foreigners, and restriction of movement. Procedures are presented for vulnerable categories, particularly unaccompanied minors. Further, the identity establishment procedures, obtaining travel documents, and monitoring mechanisms, including procedures regarding voluntary or forced return are discussed. The obligation to respect human rights is enshrined in all legal instruments, and the principle of non-refoulement3 does not allow for any derogations, exceptions, or limitations. Cooperation and collaboration among all stakeholders is essential. Safeguards are crucial in delicate and important procedures. To better regulate migration and related issues, many legal provisions have been changed recently based on court decisions. Voluntary return is considered the most effective and should be sustainable, dignified, and provide appropriate support for the returnees. Every person undergoing return proceedings should be able to make an informed decision about his or her return and is provided the maximum possible support and assistance for reintegration. Slovenia, and other European Union Member States, should adopt a coordinated approach to common practices to promote returns and adopt and implement effective return measures.

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