Yolanda Benedito | What Is The Meaning Of Readmission Agreement
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What Is The Meaning Of Readmission Agreement

What Is The Meaning Of Readmission Agreement

Turkey is a telling example in this regard, as it has bilateral agreements, such as its readmission agreement with the EU, with several countries such as Syria, Russia, Uzbekistan, Egypt and Nigeria, and others with China, India, Iran, Iraq, Morocco and Pakistan. Some of the states on this list are known for their indifference to the fundamental rights of migrants, whose situation is illegal. This is an extremely dangerous provision, given that the majority of foreigners crossing Turkey are Afghan, Syrian or Iraqi asylum seekers fleeing persecution in their home countries. Oktay Durukan, director of the NGO Refugee Rights Turkey: «A significant proportion of the returnees [under the EU-Turkey readmission agreement] will be refugees in need of international protection, which is not granted by EU countries. … Turkey risks deporting migrants one after the other. [3] The structure of the European Union readmission agreement obliges the requesting state to apply for readmission to the state by which the application is made so that the person can be returned. However, the application does not contain any information clearly indicating the reasons for a person`s return. As a result, it is impossible to know whether an asylum seeker has had the opportunity to go through a fair identification procedure, i.e. to have his or her situation checked individually. Indeed, several EU Member States have deported asylum seekers as part of a readmission procedure which, in violation of international law, has been denied access to an individual review of their case. This is a dangerous situation in that it helps to legalize the deportation of asylum seekers despite the principle of non-refoulement.

The implementation of the readmission agreements has sparked a debate about their compliance with international law, in particular provisions relating to the protection of refugees and asylum seekers. Conversely, the non-review of the situation of asylum seekers paves the way, on a case-by-case basis, for a serial return to another country. This means that EU procurement agreements create the necessary conditions for deportation where a country brings people back to places where human rights are not guaranteed. This is called the «domino effect.» Moreover, the ambiguity that characterizes the right of readmission is illegal with regard to the international right of asylum, as it does not allow the «suspect» person to explain himself or herself properly if his or her situation is not verified individually or on a case-by-case basis.

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