Return and Reintegration

Izabella Majcher

Chapter 83 in Elgar Concise Encyclopedia of Migration and Asylum Law, 2025, pp 483-488 from Edward Elgar Publishing

Abstract: Return of migrants in an irregular situation is often understood to be the most powerful expression of traditional sovereign prerogatives of states to control their borders and decide who can be admitted and reside on their territories. However, the sovereign power of states to expel people in an irregular situation is regulated by a dense net of human rights norms and standards. In the pre-return phase, some human rights function as obstacles to return, preventing expulsion of individuals. Procedural safeguards regulate return proceedings to ensure that substantive obstacles to return are respected. In the return phase, the so-called voluntary return/departure is better suited for ensuring rights protection, and when states decide to remove a person, they are bound by principles of strict proportionality and necessity regarding the force used. In the post-return phase, post-return monitoring is necessary to ensure sustainable reintegration.

Keywords: Non-refoulement; Right to family and private life; Best interests of the child; Prohibition of collective expulsion; Effective remedy; Return monitoring (search for similar items in EconPapers)
Date: 2025
ISBN: 9781802204148
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