info for refugees regarding deportation
by welcome to europe – jan 2017
der Flüchtlingsrat Nordrhein-Westfahlen am 25.03.2017
abschiebung, asyl, asylum, asylum seekers, christian convert, deportasjon, deportation, dublin II, dublin III, europa, europe, expulsion, iran, kristen konvertitt, NOAS, Norge, norway, UDI UNE, UNE, متفاضی پناهندگی, مسیحی, نروژ, پناهنده, ایران, اخراج از کشور, اروپا, بخشنامه, تبعید, دوبلین
their stories in short:
the Iranian Christian Convert claims asylum in Norway
his application for asylum often becomes denied based on “The Country of Origin Information Centre (Landinfo)” by Norway’s authorities:
he then receives the utvisningsvedtak (letter saying he has to leave Norway), if he doesn’t leave within the mentioned period, he will be forcibly deported
so he flees to Germany, as Germany is known to provide asylum for Iranian Christian converts (GERMANY- asylum granted for Iranian convert to Christianity)
but then, due to Dublin III regulations, (safe first country in Europe) Germany deports this asylum seeker back to Norway … from where he will be deported to Iran
some basic info:
in June 2014 published a detailed 45 pages dossier, available in norwegian only
and some reports:
Die sogenannte Dublin-Verordnung (aktuell: “Dublin III”, VO 604/2013 vom 26. Juni 2013) ist eine europarechtliche Verordnung. Sie legt Regelungen zur Bestimmung des Mitgliedstaates fest, der für die Durchführung eines Asylverfahrens zuständig ist.
29.06.2013, abschiebung, Abschiebung Italien, asyl, asyl.net, deportation, deportation Italy, Dublin III regulation, DublinIIIVerordnung, EU, European Parliament, Hanif Hidarnejad, L 180, پناه, پناهندگی, women in exile, امور پناهندگی, اهمیت قرارداد دوبیلن ۳, ایتالیا, اتحادیه اروپا, اخراج, اخراج متقاضیان پناهندگی, اروپا, حنیف حیدر نژاد, دوبلین 3, دوبلین ۳, دوبلین سه
DUBLIN III –
Du hast in Deutschland einen Asylantrag/Antrag auf Schutz gestellt. Wenn du auf dem Weg nach Deutschland durch ein anderes europäisches Land oder durch mehrere andere europäische Länder gereist bist, besteht die Gefahr, dass Deutschland dich in eines dieser Länder zurückschicken will.
PDF: Warnung: Deutschland schiebt Asylsuchende in andere europäische Länder ab!
You have applied for asylum / protection in Germany. If you travelled through another European country or through several other European countries on your way to Germany, there is the danger that Germany wants to deport you to one of these countries.
PDF: Warning: Germany deports asylum seekers to other European countries!
Bestimmung des zuständigen europäischen Landes für ein Asylverfahren.
DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
laying down standards for the reception of asylum seekers
Click on the flag of a country to access a national report, videos, latest news on asylum and the comparator, allowing you to compare key indicators between countries covered by the AIDA database containing the sections:
abschiebung, asyl, Asylbewerber, asylum, asylumseeker, australia, Danial Hadikhanloo, Department of Immigration and Citizenship, deportation, Fahamu Refugee Programme, failed, failed asylum seekers, Fakhravan, FIDH, Flüchtling, human rights, Hungarian Helsinki Committe, iran, iranian refugees action network, Ireland, Norge, norway, Office of the High Commissioner for Human Rights, ohchr, Rahim Rostami, refugee, refugee documentation centre, refWorld, rejected asylum seekers, returned, Rostami, the Refugee Law Reader, un, unhcr, پناهنده سیاسی, اخراج متقاضیان پناهندگی, تقاضای پناهندگی
Jan 2012 – by Ireland: Refugee Documentation Centre – on UNHCR | refworld
-Iran: Treatment of returned failed asylum seekers in Iran
“”In May 2011 Amnesty International notes:
“In February 2011, Rahim Rostami, a 19-year-old member of Iran’s Kurdish minority, who had arrived in Norway as an unaccompanied minor, and whose asylum claim had been rejected by the Norwegian authorities, was forcibly returned by Norway to Iran where he was reportedly arrested. He is believed to still be detained, with bail reportedly having been denied. On 17 February 2011, an article written by a former Supreme Court judge appeared in Iran newspaper, a daily paper published by the Iranian government. Referring to existing laws that enable Iran’s judiciary to bring charges against Iranians for alleged violations of Iranian law committed while outside Iran, the article stated that failed asylum-seekers could be prosecuted for making up accounts of alleged persecution. On 26 April 2011, Kayhan newspaper, which is controlled by the Office of the Supreme Leader, also reported that Iranians are seeking asylum ‘on the pretext of supporting the opposition’. “ (Amnesty International (6 May 2011) Student Activists Held In Iran)
A document in March 2011 released by Iran Human Rights states:
“According to reports that reliable sources have given to Iran Human Rights (IHR), a Kurdish asylum seeker who was extradited from Norway to Iran on February 9th 2011, is in danger of torture and ill-treatment at Tehran’s Evin prison.” (Iran Human Rights (23 March 2011) A Kurdish asylum seeker extradited from Norway to Iran is in danger of torture and ill-treatment at Tehran’s Evin prison)
In May 2011 an article in The Guardian states:
“Six Iranians who have been on hunger strike for 32 days in protest at plans to send them back to Tehran have held a demonstration outside the Home Office amid growing concern over their health.” (The Guardian (6 May 2011) Iranians on hunger strike protest against deportation)
This article also notes:
“The group’s new lawyer, Hani Zubeidi, said their plight had been reported in several countries since the Guardian ran the story – including Iran. ‘They would be in very real danger if they were return now simply because they have been featured critizising the regime even without the fact that they were involved in the anti-regime protests and were tortured.’ “ (ibid)
A report issued in August 2011 by Radio Free Europe/Radio Liberty notes that:
“The number of Iranians seeking asylum in European countries has risen steadily over the past two years, RFE/RL’s Radio Farda reports.” (Radio Free Europe / Radio Liberty (18 August 2011) Number Of Iranians Applying For Asylum In Europe Rises) No further information on this issue could be found among sources consulted by the RDC within time constraints.
“”Treatment of returned failed asylum seekers
The US State Department reported in 2008 that “[c]itizens returning from abroad occasionally were subjected to searches and extensive questioning by government authorities for evidence of anti-government activities abroad.”
Several sources interviewed by the Danish fact finding mission in 2008 indicated that persons arriving in Iran on a travel document issued by an Iranian embassy, especially those who left Iran illegally, may be questioned on arrival.
In August 2008, in response to a question posed by the Belgian government on the treatment of returned failed asylum seekers to Iran, eight Western countries (Canada, Germany, Ireland, the Netherlands, New Zealand, Spain, Sweden and Switzerland) indicated that they had no information “on problems of persecution for returned failed asylum seekers in Iran since 2006”.
Conversely, Western media and NGOs have reported several incidents of mistreatment and detention of returned failed asylum seekers. Some of these reports suggest that returned asylum seekers detained by the Iranian authorities had ‘anti-government’ profiles, such as being a student activist or perceived Arab political activist, or drew attention to their bid for asylum abroad.
According to Dr David Corlett (formerly of La Trobe University) in 2005, the experiences of returnees to Iran varied, with some not being “particularly targeted on arrival”, while others were detained and interrogated. Dr Corlett, who interviewed ten repatriated failed asylum seekers in Iran, also stated that one of the returnees was detained and tortured, but that it was unclear as to why this person was targeted.
On 17 February 2011, in an article published by Iran Newspaper, a retired Iranian Supreme Court judge suggested that returned failed asylum seekers could be prosecuted for creating accounts of alleged persecution in Iran.
On 23 March 2011, Iran Human Rights website, maintained by Iranian human rights activists, reported that a Kurdish failed asylum seeker, Rahim Rostami, was imprisoned after being returned to Iran. The report said that it was not clear what charges were raised against Rostami. According to a Norwegian NGO PeoplePeace, Rostami appeared in a documentary on Norwegian television.
On 6 May 2011, Amnesty International reported that student activist Arash Fakhravan “was reportedly arrested on arrival in Tehran after returning from France where he was an asylum seeker.” Mr. Fakhravan was previously arrested for his participation in December 2009 protests and charged by the Iranian authorities with “insulting the Supreme Leader and taking part in riots and unrest”. “”
via Iranian Refugees Action Network:
It is very difficult to trace people after they are forced back to Iran. In our experience, over 90% have their European Court appeals granted, but this is only if they have enough money to do so. The most recent case is the one where the 5 Ahvazis were refugees in Iraq, but the Iraq authorities co-operated with the Iranian regime and they are now facing death sentences for their political opposition … [ Iran must immediately revoke the death sentences of prisoners of conscience]
thanks to Irani Sharon and Joanne M.
The Refugee Law Reader, a comprehensive on-line model curriculum for the study of the complex and rapidly evolving field of international asylum and refugee law issued by the Hungarian Helsinki Committee
Refworld is the leading source of information necessary for taking quality decisions on refugee status. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. The information has been carefully selected and compiled from UNHCR‘s global network of field offices, Governments, international, regional and non-governmental organizations, academic institutions and judicial bodies.
to search files on the homepage of the OHCHR
UN Office of the High Commissioner for Human Rights # UN Human Rights
FMO is designed for use by students, academics, practitioners, policy makers, the media, forced migrants or anyone else interested in the field of forced migration. By bringing together these useful and time-saving resources, we aim to support research and policy making in the field.
FMO is based in Oxford/UK, runs the Forced Migration Discussion List
A new initiative has been launched to track what happens to failed asylum seekers after they have been deported. It aims to provide channels of support for deportees when they arrive in their countries of origin and build a body of evidence to inform policy in countries that deport failed asylum seekers. The project will be hosted by Fahamu Refugee Programme and aims to establish a network of NGOs and individuals identified via the website, who will serve as points of contact to link with counterparts in countries of origin.
15 May 2012, abschiebung, Application no. 41827/07, Application no. 52077/10, deportation, deportation to Iran, echr, echr judgement, Europen Court of Human Rights, expulsion, iran, R.C. v. Sweden, S.F. v. SWEDEN, Süddeutsche zeitung, sweden, sz, torture
“”71. Having regard to all of the above, the Court concludes that there are substantial grounds for believing that the applicants would be exposed to a real risk of being subjected to treatment contrary to Article 3 of the Convention if deported to Iran in the current circumstances. Accordingly, the Court finds that the implementation of the deportation order against the applicants would give rise to a violation of Article 3 of the Convention…””
FOR THESE REASONS, THE COURT UNANIMOUSLY
a former decision
FINAL : 09/06/2010 This judgment has become final under Article 44 § 2 of the Convention.
ALLEGED VIOLATION OF ARTICLE 3 OF THE CONVENTION
37. The applicant claimed that deportation to Iran would subject him to a real risk of being arrested, tortured and perhaps even executed, in violation of his rights under Article 3 of the Convention which reads:
“No one shall be subjected to torture or to inhuman or degrading treatment or punishment.”
„Sie haben die Wahl“, sagt der Direktor zu einem Häftling. „Wenn Sie nicht mit einem regulären Flug gehen, wird‘s ein ‚Vol spécial‘“. Frambois heißt der Abschiebeknast bei Genf. Sans-papiers und abgewiesene Asylsuchende warten hier auf ihren Flug. Die Alternative ist keine; der Sonderflug bedeutet, dass man das Land gefesselt und geknebelt in Handschellen verlässt. Derweilen geht der Alltag im Gefängnis weiter. Der Kamera gelingen stille, respektvoll beobachtend starke Bilder vom Unerträglichen und Zermürbenden – für Inhaftierte wie für ihre Aufseher. In LA FORTERESSE (2008), Melgars letztem Film, war der Schauplatz ein Empfangszentrum für Asylbewerber. Nun folgt – für viele nach Jahrzehnten im Land – das Ende aller Hoffnungen auf ein besseres, sicheres Leben in der Schweiz. Silvia Bauer