Protection Considerations to Provide a Comprehensive Response to The Irregular Movement of Migrants and Refugees in the RCM region

Objectives: (1) Contribute to define the problem - Distinctive elements of mixed, irregular extra-regional movements (2) Identify the constitutive elements of a comprehensive response (3) Explain some protection tools that are useful to address some of the challenges of extra-regional mixed migration

Defining The Problem

Not part of the problem Part of the problem Irregular character of movements  Extra-regional character of movements  Group arrival  Individuals do not wish to remain in the country where they find themselves  Obstacles to carry out returns  Lack of international cooperation mechanisms (readmission of aliens and identification of refugees)  National Asylum Systems  Involvement of trans-national organized groups  No legal action taken against smugglers  Existing legal frameworks are considered inadequate (municipal and international)  What Is Specifically The Problem with Irregular Extra- regional movements?

Interests At Stake Competence to control and regulate the crossing of borders Refugee Protection Non-sanction for illegal entry Responsibility sharing Distinction between refugees and migrants No forcible return to a risk of persecution Costs related to immigration systems Restrictions to freedom of movement Combat of migrant smuggling Return and re- admission of irregular migrants

Constitutive Elements Of A Comprehensive Response to Secondary Irregular Movements

How To Develop An Effective and Comprehensive Response to Irregular Movements? (a) Reach a common understanding of the problem (b) Identify the causes and the scope of the issue Why do secondary movements take place? (c) Identify and register individuals in an adequate manner Requisite to a regional approach

How To Develop An Effective and Comprehensive Response to Irregular Movements? (d) Ensure humane treatment and adequate reception arrangements Respect human rights of all individuals Satisfaction of basic, immediate needs (e) Ensure access to specific protection mechanisms Asylum systems Mechanisms for the protection of other groups (f) Enhance immigration systems Return of individuals found not to be in need of international protection

How To Develop An Effective and Comprehensive Response to Irregular Movements? (g) Agreements for materializing collective obligations (responsibility sharing) Re-admission agreements and allocation of responsibility to undertake refugee status determination (h) Actions against migrant smugglers Dismantle trans-national organized crime (i) Greater clarity of the responsibilities of countries of origin, transit and destination

Protection Tools To Develop A Comprehensive Response

Reception Registration Profiling and Referrals* Other Protection Mechanisms Refugees Immigration System Return Which country is responsible for issuing a decision? Stay Accelerated Procedure* Country of Transit Host Country Country of Origin Ordinary Procedure Dismissed Recognized Durable Solution Comprehensive Protection Response

Purpose: To differentiate between various categories of individuals soon after they arrive to identify their needs and facilitate management of large number of arrivals Informal non-binding process which takes place before a more formal status determination Acknowledges that asylum systems should not be the only protection mechanism available Actions: provide and gather information, establish a profile for each individual, and refer individuals to adequate mechanism to address their specific needs Profiling And Referral Mechanisms

Reception Registration Profiling and Referrals* Other Protection Mechanisms Refugees Immigration System Return Which country is responsible for issuing a decision? Stay Accelerated Procedure* Country of Transit Host Country Country of Origin Ordinary Procedure Dismissed Recognized Durable Solution Comprehensive Protection Response

Purpose: initial phase of asylum process which aims to determine whether individual asylum claims have been assessed or, if not, to determine which State is responsible for undertaking the assessment and for providing protection It may involve the return to another country, other than the country of origin (principle of non-refoulement), for the purpose of being admitted to the asylum process (asylum-seekers) or receiving international protection (formally recognized refugees) Previous consent of receiving State is required Specific protection safeguards must be in place Materializes “responsibility-sharing” and reduces incentives for irregular movements and multiple claims Allocating Responsibility for Refugee Status Determination

Reception Registration Profiling and Referrals* Other Protection Mechanisms Refugees Immigration System Return Which country is responsible for issuing a decision? Stay Accelerated Procedure* Country of Transit Host Country Country of Origin Ordinary Procedure Dismissed Recognized Durable Solution Comprehensive Protection Response

Purpose: aim to manage large numbers of asylum claims in an efficient and expeditious manner in the case of individuals who: (i) apparently do not have international protection needs and nevertheless apply for asylum, or (ii) do have manifestly evident international protection needs Involve a decision on the merits of the claim Require procedural standards: (i) a personal interview with an Refugee Eligibility Officer, (ii) a decision must be made by the competent asylum authority, and (iii) right to appeal the decision Contribute to reduce pressure off the asylum systems and prioritize limited resources for cases which seem to have merits Accelerated Procedures

Reception Registration Profiling and Referrals* Other Protection Mechanisms Refugees Immigration System Return Which country is responsible for issuing a decision? Stay Accelerated Procedure* Country of Transit Host Country Country of Origin Ordinary Procedure Dismissed Recognized Durable Solution Comprehensive Protection Response