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EMN Synthesis Report: Beneficiaries of International Protection Travelling to and Contacting Authorities of their Country of Origin ,
How do the EU Member States, Norway and Switzerland deal with beneficiaries travelling to their country of origin? Under what circumstances do such trips lead to protection status being revoked? What impact does this have on residence status? The new EMN study gives answers to these and other questions.
Individual beneficiaries of international protection (BIPs) sometimes travel back to their countries of origin on a temporary basis or contact these countries' national authorities. This practice has been the subject of controversial debate in quite a number of European countries in recent years. The underlying question is: Under what circumstances is the protection status lost if beneficiaries travel to their country of origin, and when is does this not lead to revocation and withdrawal? 24 EU Member States plus Norway and Switzerland were involved in the study.
The EMN Synthesis Report describes the relevant international and European law and how this is transposed into national law. Furthermore, the study describes what knowledge individual countries have about journeys taken by beneficiaries to their country of origin, or their contact with those countries' national authorities. The individual reasons are also explained as to why beneficiaries of protection travel to their country of origin, and to what degree they are taken into consideration in any revocation proceedings that might be initiated.
Key findings
The increased attention that the topic has attracted in the media and at political level has led quite a number of Member States to introduce legal amendments and to change their administrative practices in recent years (including centralising information flows, enhancing cooperation between authorities, as well as at international level, establishing dedicated units in the Belgian and Swiss asylum and migration authorities in order to trace such travel movements).
The actual number of beneficiaries travelling to their country of origin remains difficult to estimate, but the data suggest that the total numbers are low.
There are numerous reasons why BIPs travel to their country of origin. The most common motives relate to visiting family members, illness of close family members, and attending weddings or funerals. Some of these reasons for travelling to the country of origin are compatible with status as a BIP, whilst others are not.
Most States provide BIPs with information on the potential consequences of travelling to their country of origin. The refugee travel document may for instance feature an endorsement indicating that it is valid for travel all countries, excepting the respective country of origin.
Most States consider travel to the country of origin as an indication that the reasons for protection should be reviewed, and possibly to initiate revocation proceedings. As a rule, the mere fact of a person travelling to their country of origin per se has not generally been seen as sufficient grounds to revoke and withdraw protection status.
The process for reviewing the individual motives is complex, and entails considerable challenges for the competent authorities.
In all States involved in the study, the revocation and withdrawal of protection status can also have consequences for residence status. Revocation and withdrawal may also affect the protection and residence status of his or her family members and/or dependants.
You can find the results of the national survey in the EMN study entitled "Beneficiaries of Protection Travelling to Their Country of Origin: Authorization, Policies and Revocation Procedure in Germany" (available in English and German). The EMN's Synthesis Report offers a detailed presentation of the comparative results at European level. The EMN Inform provides a shortened version, whilst the EMN Flash briefly highlights the key findings (only English versions of all three comparative publications available).
EMN Synthesis Report: Beneficiaries of international protection travelling to and contacting authorities of their country of origin
This EMN Synthesis Report provides an overview of recent trends and challenges in 24 Member States, Norway and Switzerland with regard to beneficiaries of international protection travelling to and contacting authorities of their country of origin.
