The key to Europe a comparative analysis of entry and asylum policies in western countries : report

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analysis of and

comparative entry asylum policies Western countries

REPORT PREPARED BY THE INTERNATIONAL CENTRE FOR MIGRATION

POLICY DEVELOPMENT FOR THE SWEDISH PARLIAMENTARY IMMIGRANT AND REFUGEE COMMISSION SOU I994:I35

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w Swedish Government Official Reports

WW 1994:135

Ministry of Culture

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The -

Key Europe

a comparative analysis of entry and

asylum policies in Western countries

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Report prepared by

the International Centre for Migration Policy Development

for the Swedish Parliamentary Immigrant and Refugee Commission

Stockholm 1994

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NORSTEDTS TRYCKERI AB ISBN 91-38-13812-3 Stockholm 1994 ISSN 0375-250X

PREFACE

One of the items which from this that

many emerges report roughly three million people moving into Western Europe every

are

year.

Does this give food for thought concern Should take steps

or we

this development The fact that people are moving and

to counter to from Europe, they do between European states, something

as natural, and in fruitful. simply focus the number

many ways we on

of people involved, and this with the existing population of

compare

the region, might tend that this problem

we answer not a

But why, in that have number of European countries been

case, a

introducing changes which in practice designed enable them

are to to influence such changes of residence than in the

to a greater extent past We look beyond relatively temporary circumstances

must individual countries and seek in the global factors which

an answer

affecting people’s willingness leave their familiar surroundings

are to and with situations:

cope new

Global Population

When demographic from 180 countries in Cairo

experts convene September 1994, they will be faced with United Nations forecasts of

continuation of the rapid increase in the population of the world. a According forecast, the population of industrialized countries

to one will increase from the figure of 1.164 million 1.259 million

current to

the 2025. From relatively long-term historical perspective,

by year a

increase of approximately 100 million period of 30 an over a some

be high of growth. But this virtually

years appears to a very rate static compared with the forecast for developing countries, where the

population expected increase from 4.443 million to 7.235

to million.

The population of Europe small and declining fraction of the

a

global population, diminishing in absolute terms. On

even not

the other hand, the number of people in Europe’s immediate vicinity will be increasing rapidly the next few decades.

over

The Global Economy

The rapid shifts in economic development which have occurred in

the still apply tangibly today, and there also appreciable

past very are

differences in the strength of development from region

one to another. However, in the foreseeable future, high proportion of the

a

worlds population will be living in considerably circumstances

worse

than do in Western Europe. This applies, in particular, to people

we

in close Europe which experiencing rapid population

areas to are growth. economic development ahead in this

moves one country,

usually accompanied by mobility, which also exert

greater may cross—border effects.

The Global Environment

Population growth, lack of economic development, development

a or which long sustainable, often the

not term or exerts a pressure on environment which affects living conditions negatively. In such conditions, the struggle for survival between specific often

groups based ethnic has forced millions of people be the

on differences to on

in of Africa. In other environmental disasters move parts cases, can

be initiated by the application of modern technology, in Chernobyl.

as

Peace and Security

The collapse of communist regimes in Eastern and Central Europe

birth hopes for peaceful world. gave to a more open, more was

hoped that people in the countries directly affected, experiencing

democratic developments, would better future, and also new, create a that the end of the struggle between the in Latin

great powers America, Africa and Asia would yield positive results. In the few

that have passed, these hopes have been realized extent, years to some but in they have proved be illusions, doomed failure.

some cases to to

demog-raphic, economic and environmental factors In many areas, have had destabilizing effects the national level. Democratization

at has always led stable, harmonious cohabitation. The distinction

not to between ethnic also religious lines has often

peoples along and

helped violent conflicts the settlement of

to trigger or to prevent differences. Current examples be in Angola, Sudan and

can seen Ruanda in Africa, and, in Europe, in what used be Yugoslavia and

to the Soviet Union.

For time the prevailing conditions will

some to come, encourage people countries where their living conditions

to want to move to will be improved, either in of material standards

considerably terms

of safety combination of various factors. Some

living, personal or a

of these countries European But the problems which

are states. are associated with economic, environmental and safety

demographic,

factors scale really be dealt with held in check

on a global cannot or

by migration to Europe. The ability of European immigrants does not

states to attract

correspond their need supplement their populations. Such

to to needs, where they exist, by the utilization of the right to

are met freedom of between various European countries by

movement

institutions and private individuals.

companies,

At the time, inhabitants arriving in large numbers have

same new

limited possibilities of establishing themselves and creating living

conditions, by their efforts, which equivalent those which

own are to already apply in their of residence. As far see,

new country as we can this will continue apply, least for considerable time. This

to at some

of economic prerequisites. Studies conducted

primarily a question

in Sweden have demonstrated long—term structural changes which

lead deterioration in conditions for most appear likely to to a new

arrivals living by productive work. as regards opportunities to earn a

shows that of future economic

Experience assessments

uncertain. Inevitably, the of cohabitation

developments are prospects

in the society of the future doubtful. A relatively

are even more substantial in the of the population has occurred

change composition

in Sweden in the of few decades, without social convul-

course a any sions. This be largely described characterized by

process can as a natural of between previous inhabitants and

process adjustment

those who have arrived recently. However, cohabitation cannot

more be in isolation without considering economic circumstances and

seen the which have occurred in society in other

relatively rapid changes

Furthermore, should neglect the proportion of respects. we not

involved. One of the of social tension has been

immigrants sources

the fact that of Europe’s capital cities and other major cities

many are

and their children appreciable and

populated by immigrants to an growing extent. In the of these rapid snapshots of developments in perspective

and the world, have good look closely at Europe we cause to more

migration policies in European countries. This applies particularly

when, this shows, immigration has increased ten year

as report over a

period from three million people, that of these one to most newcomers have settled permanently, and that this not due to planning or

national regulatory The major features of migration policy

systems. should be how Europeans utilize relatively limited are to resources in constructive and what action should be taken in other a manner further economic development in countries respects to promote poor

and uphold human rights wherever theyiare threatened ignored.

to or Migration policy fits into overall picture of this kind, whether this an

question of developing alternatives to migration, facilitating

a

desirable immigration, promoting the of migrants where this

return

possible, countering the wrong type of migration.

or In 1993, the Swedish Government appointed parliamentary a Immigrant and Refugee Commission review immigrant and refuto policy. The Commission will be presenting its final proposals in gee 1995. The Commission convinced that the situation which has been described above affects countries and that cannot be dealt many with successfully by uncoordinated national migration separate,

policies. has therefore been appropriate to our assignment

commence by considering the which the recently established Centre for report

Migration Policy Development in Vienna ICMPD has prepared for

the Commission. This has provided with review of current immius a gration and asylum policies in number of countries, and the report a has also examined the application of these policies and their outcome

with regard the categories of immigrants and refugees which have,

to de facto, been allowed remain in the countries concerned. This to

study analyses, in particular, asylum policies, their effects in relation overall immigration policy objectives, the in which various

to way protection employed and trends. In view of the concepts are current of the covered, this study drawn broad lines, with scope area up on

straightforward comparisons between policies, regulatory

instruments, and administration in the various countries outcomes concerned.

No overview of this kind has been conducted previously in any

by international organization. The quite

country or any reason simply, the considerable difficulties involved. Published data frequently comparable international basis, and official data not on an be totally lacking in other The ICMPD has therefore may cases.

collected supplementary data, processed existing information

or prepared estimates in order arrive overall picture. to at an The study 10 European countries: Sweden and nine other covers countries which comparable, either because they of similar are are

size, have similar legislation have similar of immigration or or types numbers of for asylum. In the interests of compari-

persons applying

the also briefly number of traditional immigration son, study surveys a

countries. The considers that there close correlation between report a effective instruments deal with growing immigration pressures to and effective alternatives migration. The preventive measures as to less there of the latter, the of the former. However, the more ICMPD’s that in whether they want to or not, assessment any case,

Western adapt higher levels of immigration.

European states must to the and effective control and

Apparently, not even most stringent

hinder this One result would

prevention measures can development.

be that, without such immigration will thus to measures, appear levels which have hitherto been considered inconceivable. reach discuss these objectively and There every reason to assessments examine the effects which different have. measures may that conclusion already be drawn this stage: appears one can at Greater between different countries essential European

cooperation

coordinate theirpolicies, dialogue with other countries, states must a forms for their activities. The cooperation which and find concrete between EU will be of interest Sweden in developing states great to this connection, do join the European Union. even we not The version of this chiefly addressed

English language report

readers outside Sweden version in Swedish published in to a was December 1993. We that this provide useful contribution

hope may a

discussion of in different countries and the

to the migration policy to

further development of European and international cooperation. the the Commission’s work has takenthe form of For most part, and studying documentation from variety

listening to viewpoints a

of line with this indicated above, the reactions sources. In approach, as of readers of this in other countries will obviously be welcome report

Stockholm, August 1994

Rolf Wirtén Chairman of the Immigrant and Refugee Commission

AUTHOR’S PREFACE

This comparative analysis has been elaborated by the International

Centre for Migration Policy Development ICMPD in Vienna, at of the Swedish Parliamentary Immigrant and Refugee

the request

Commission Invandrar— och Flyktingkommittén. The original

Swedish version presented in December 1993 Swedish

was a Government official publication SOU 1993:113.

The Commission requested ICMPD to prepare an English version with View make available the international community.

a to to The English version should include data Sweden and be adapted

on and updated in certain other well.

ways as

The of the original Swedish version to provide

purpose was

data and asylum mechanisms and their effects

comparative on entry

in selected Western countries, facilitate the deliberations of

so as to the Commission possible reforms of Swedish policies in this

on respect.

The provided by the Commission implied that the

guidelines

study should be succinct and easily readable, immigration

cover

control policies well asylumrefugee policies, highlight

entry as as differences and similarities between the various national and

systems

evaluate the real effects of stated policies. seek to

The study covered 12 countries: three

original comparative i

Nordic countries Denmark, Finland and Norway, six other

ii

European countries Austria, France, Germany, Netherlands,

Switzerland and United Kingdom and, for the sake of contrast, iii three countries Australia, Canada and USA.

overseas

An ICMPD-team formed August 1993 out the

was to carry task. The headed by the Director of ICMPD, Mr. Jonas

team was

assisted by Mr. Mike Bisi of the IGC Secretariat, that time

Widgren, at

consultant research ECE in Geneva and Ms. Anne-

on migration at

Grethe Nielsen, international affairs the Swiss Federal

expert on at Office for Refugees in Berne. In the preparation of this English version of the the Head of Research ICMPD, Ms. Irene

report, at

Stacher, well Ms. Ann—S0fie Nilsson temporary consultant as as have contributed. Both the Swedish and the English versions of the report have been typed by Ms. Anette Galasinski.

The first consisted of establishing plan for the compilation

step a of data. A list of about 75 headings to be examined for each of the selected countries compiled. became clear that analytical was soon documents covering the totality of these items did exist for the not selected countries. The information retrieval work therefore had to be specific for each Hence, the documentation exercise country. carried by the the study did thus validate the out team to prepare rationale of the task such. In spite of immigration and asylum as now being ranked of the priority items the agenda of the as one on Governments concerned, paradoxically enough, similar no

comparative analysis had been carried

yet out.

Existing comparative overviews generally concentrated either immigration policies large and migration statistics such

on at on as the annual of SOPEMI of OECD, asylum legislation reports or on

such the overviews compiled internally by the EC by

as organs, UNHCR and the IGC Secretariat in Geneva, other specific or on issues such special naturalization legislation return as reports on or

policies. Descriptive and up-to-date overviews concerning the total-

ity of and asylum policies in Western do exist. entry states not Moreover, national although detailed in character, do selsurveys, dom embrace all of interest in of regulating the intake of areas terms foreign citizens and the results of such policies. Consequently, the ICMPD—team had devote much time the retrieval of relevant to on information. Thus, for each included in the country present survey wide variety of had be scrutinized, such Government a sources to as Bills, law academic studies and articles. texts, newspaper The first section 1 highlights the under which report pressure national administrations have in of reviewing their now to act terms traditional for entry control and asylum, given increasing systems South-West and East—West migratory flows. then continues section 2 with short overviews, which changes country concentrate on recent in the and asylum legislation. Given restrictions they had entry space be of limited character. The overviews follow another to a country less logical order in the English than in the Swedish version, they as in the Swedish version aimed comparing the policies of other were at with those of Sweden. Then follows international overview states an

of and asylum policies section III, which deliberately seeks to

entry summarize policy trends in simple in order present a manner to

permit policy comparisons and contrasts. This section presented in

journalistic with View stimulate discussions the a manner a to on

ossibilit of further international harmonization. The first half of P Y tl1lS deals with olicies and control instruments

section ent ‘V P rm 8ration

general and the second half with asylum policies and their m

functioning in particular. A final short section section IV provides politically oriented In general changes in policy

a summary. develo and islation which have occurred later than

Pmerits g une 1994 could be taken

not into account.

The respective sections and national data have been

country submitted national for However, the

to experts comments. report issued under the responsibility of the Director of ICMPD and does

commit Government. The exception the section concerning not any Sweden, which prepared by the Secretariat of the Immigrant and Refugee Commission.

Jonas Widgren

Director of ICMPD

ENTRY

TRADITIONAL AND

ASYLUM SYSTEMS

UNDER PRESSURE

One major finding of the study that all countries analysed are

presently involved in of revising their immigration and

a process asylum This applies both to Western Europe well to the systems. as as

classical immigration countries. Whereas in the 1950’s and overseas 1960’s the relevant legislation changed twice in each was once or

respective during each decade, such legislation being

country now

changed several times each in almost all countries covered by the year study. This obviously related to the factual perceived rise in or migration which each of the countries confronted with. pressures,

Five phases of post—war immigration policy

In Western Europe, policies aimed at regulating immigration have evolved through five main phases during the last decade, depending changing priority aspects. This evolution has taken place parallel

Figure Yearly immigration to Western on thousands in almost all the studied Western European states. interesting to Europe in that such policy evolution has occurred in condensed form note, a a

during much shorter time in Southern and Eastern a sequence 2.09

European having been confronted with unprecedented

states, an

1.55 -- immigration phenomenonprnore recently.

1.40 - Phase 1 1948-1964 characterized by was post—war reconstruc- 1.26 - tion, the dynamic economic development in Europe and the general 1.12 - belief that the European labour supply and demand equation could

0.57 beneficially be achieved the free exchange of labour between

0.43 —~ countries. The total number of alien entrants to the Western European 0.28 — could be estimated be the level of 500,000 annually during states to at 0.14 this period with the exception of the East—West German movements 0.00 1 until the erection of the Berlin Wall in 1961. E 2 4 5 Phase 2 1965-1972 the much renowned guest—worker a: was cu .E when active recruitment in Southern took and

m period, Europe place,

when total annual inflows Western European countries swelled

to to about 1.1 million.

Phase 3 1973-1982 marked the beginning of the present period of restrictions, with annual immigration slackening down to

entry 0.7 million.

Phase 4 1983-1988 the of the asylum

saw emergence mass phenomenon rise of total annual inflows to 1.2 million.

a

Phase 5 1989- characterised by the search for

present new internationally harmonized solutions with respect to expected

irregular flows in regional well in global context. During this

a as as a period, annual inflows Western European have

average to states reached the record level of 2.5 million figure

immigration increasing or not

As shown in table annual immigration volumes to Western Europe to be the increase in spite of heavier restrictions.

seems on entry Hence, primordial question first be addressed in this regard

a to whether there really rise of factual immigration to the countries

a concerned which would international harmonization of

warrant an takes place national entryasylum and of the establishment of joint the bulk immigration systems an irregular fashion. policy objectives.

long—term migration

As of fact, be possible that there

a matter seems to to prove indeed increase of immigration Western Europe. All

an gross to Western countries do since decades furnish data the

European on

annual registered immigration and emigration various international

to

These statistics, covering aliens and citizens in the

organizations.

in question, pertain all arriving leaving the

country to persons or

for period of least A precondition for such

country a at one year.

however, that the would have taken place

registration entry

according the rules of national legislation, i.e. that the

to person would be in possession of form of entry permit arrival,

some an upon

where such entry requirements are prescribed. Data the registered immigration and emigration of foreign

on citizens compiled and analyzed by the OECD since 1973. These

are data collected within the framework of the SOPEMI system. On

are the basis of these statistics, ICMPD has made calculations which

indicate that the accumulated annual immigration to Western

gross

stabilized during the period 1976-1983. This

European states

stabilization of the immigration restrictions

was a consequence which introduced in practically all Western European states in

were

the mid -1970’s, when economic recession, created by the oil crisis,

sweeping all Europe.

was over The OECD statistics immigration into Western European on states constitute summing of the annual immigration statistics of a up

each Western European State relating lawfully entering aliens.

to These statistics also include who have the right free persons to movement within the EC and the Nordic free circulation areas. According to these statistics, total immigration the Western to European states EU and EFTA have fluctuated between 0.6 and 1.0 million annually from the mid -1970’s the mid -1980’s. The to variations the total annual immigration figures be attributed can to changes the business cycle. Of the total annual immigration to Western Europe, Germany has accounted for roughly 50 per cent.

Immigration figures relate immigration; immigration

to gross net

has evidently been much lower, roughly corresponding 30-60

to per

of immigration.

cent gross

However, during the past few registered immigration

years, gross Western European tended gradually increase, in spite of to states to recessionary trends in the Western European economies. At the same

time, emigration trends i.e. movements have

return appear to slackened.

There accounting for the increase in are many reasons current total annual immigration. One the continued family reunion gross which allows family members join immigrant. Another process, to an

the registration currently taking place of aliens who in fact

reason

immigrated 3-6 for instance asylum-seekers and illegal

years ago,

entrants, where registration legal grounds could take place

no on Thus, the bulk of asylum-seekers who arrived between upon entry. 1987-1989 entered the population registries only in 1992-1993 when

they granted residence permits, either refugees other

were as or on

grounds.

While the arrivals of asylum-seekers significant, in

not were as the mid -1970’s, when total asylum arrivals in Western Europe annually amounted 20,000, the overall statistical effect of these timeto lags minimal. Today, however, the bulk of the factual annual were immigration of foreigners to Western European countries not covered the official international entry statistics, since thebulk of

immigration takes place irregular fashion. Actually, only

in an very few Western European countries include newly arrived asylumseekers their official population statistics and illegal immigrants

by definition not registered. This implies that official immigration

are

2 I4-0845 17

statistics today do provide picture of factual immigration

not a true flows. Estimates have therefore be made of the volume of

to nonregistered entries order the volume of total immigration

to assess flows with accuracy.

some

As already has been mentioned, asylum-seekers do in

not appear the official population statistics until after 3-6 About 80

years. per

of all remain in the of application after

cent asylum-rejectees country

and of them later receive residence permits

rejection, many on

various In addition the asylum—seekers,who thus

grounds. to are

in the official population statistics only with considerable

registered a

still another of arrivals mostly all time—lag, new category are not at

registered, namely displaced by the in Bosnia-

persons war

The of citizens of Bosnia—Herzegovina who

Herzegovina. majority

have arrived in Western Europe since the outbreak of the have

war

been processed under the regular asylum system, but provided

not are

residence humanitarian grounds. This also temporary on category

included in the regular immigration statistics of the

not normally

concerned. states

Still third included in the immigration statistics,

a category not

people who have constitutional entry right to a particular

concerns a

because of their ethnic links the such for country to country as instance Aussiedler certain in former French and

to Germany, groups

British colonies etc.. In reality, these of entrants several

groups hundred thousands share of the characteristics of other

a year most

and their arrivals have be considered in

immigrantsnon-nationals to

the framework of overall national immigration policies.

there the illegal for whom only rough

Finally, are entrants, estimates be made. With regard this of entrance,

can to category an exercise has been initiated by ICMPD with the aim of better

now

the of these Data from border

assessing magnitude movements. control authorities apprehensions, illegal trespassing, detentions

on

will be gathered and estimates annual flows will be made etc. on

possible provide estimates flows of

possible. Already seems to on

for than 3—6months. When illegal entrants who enter to stay more national authorities and international confronted with

experts are these ICMPD estimates, the reaction usually that ICMPD largely underestimates the actual volume of illegal flows.

For all excluding illegal migrants, there thus categories are

various and partly overlapping statistical recording systems.

separate Initiatives harmonize statistics have recently been taken. For

to entry

Eurostat, in with number of EU and EFTA states

e.g. co-operation a

and with ECE, has in 1993 established Working Group the

early a on

harmonization of European migration and asylum statistics. however, evident that due to the exercise being cumbersome to so

implement, overall of changes in total annual migratory

assessments flows European be established until after long to states cannot a very period of time. The table below table 1, which based ICMPD estimates, on

indicates that, considering all categories, annual immigration to

gross Western Europe to have increased from about 0.9 million in appears 1985 to about 2.9 million in 1992, whereupon down to 2.6 went million in 1993. The reduction be the effect of several facseems to tors: the asylum reforms in Germany and in number of other states, a the queing for Aussiedler and increased police new system measures

against illegals.

As table 1shows, the irregular portion of total annual immigration

increasing considerably i.e. flows of asylum—seekersand displaced plus illegal entries. In fact, irregular accounted for 20

movements per cent of total flows in 1985, 44 cent in 1989, 45 cent in 1992 per per and 37 in 1993. clear that this portion of roughly per cent seems one

third irregulars not will abate significantly during the next

years, given trends. present

Table Total annual immigration to Western Europe E U and EF TA

factual

in thousands

1985 1986 1987 1988 1989 1990 1991 1992 1993

Registered 650 720 760 910 1.080 980 1.020 1.240 1.380

immigration

Registered 650 720 760 910 1.080 980 1.020 1.240 1.380 immigration

former Yugoslavia

outside asylum proc.

Constitutional 50 53 101 217 392 417 239 252 242 immigration right Illegal immigration 50 65 55 90 150 210 280 370 350

estimate

Total 915 1.033 1.089 1.438 1.936 2.041 2.1 35 2.922 2.593

~

Table Asylum-seekers in OE CD-countries in thousands

1984 1985 1986 1987 1988 1989 1990 1991 1992 1993

72 133 161 124 162 231 340 451 564 469 EU states EFTA 27 35 49 59 83 94 103 126 82 states North America 31 42 61 102 123 113 117 144 175

Australia Total 130 193 238 234 323 437 547 671 834 726

With asylum—seekers,there has been constant increase

regard to a

their number in the whole OECD region since 1987 table 3.

see

stabilization occurred in 1987, result of reinforcement of Some as a control undertaken in the before. The measures many states year occurred in 1993, for similar however, probable same reasons. that there will be increase the total number of asylum—

again an

seekers in the EUEFTA in 1995-1996, due expected flows area to and the of effects of control mechanisms. For instance, the

weakening

situation in the Balkans, presently giving rise to substantial asylum

flows both of and less genuine applicants, cannot be expected

genuine

stabilize in the future. to near

The need for reform and international

harmonization

inflow trends in well current regional Considering recent years as as and global imbalances, immigration pressures on Western Europe are

bound increase. However, immigration and asylum policies in to Western European have been created under different most states circumstances. be recalled that Europe for long time the may was a main in the world, and only during the 1960’s

emigration region from region into immigration location. changed an emigration a net

also be recalled that the for immigration the greater the lack of international may present system cooperation .the greater the control in countries based legislation which has

most European on

. . immigration pressures will be the 1920’s, and that policies and regulations have its roots asylum the basis of the 1951 Geneva convention,

basically developed on

which negotiated under completely different historical

again was a

context.

The following sections of this study will explain the intense

reform activities immigration and asylum policies which at

on are

being carried out in all West European states. This reform present activity reflects the frictions between out—dated, not obsolete, immigration control and world environment, which

systems a new

conducive massive migration flows.

to

The possibility of regulating migratory flows in relation to the development goals of the respective countries and their receiving

to

capacities closely dependent international co—operation.

are on increased international co—operation targeted towards the elimination of the basic of massive emigration and the

causes movements, harmonization of policies and practices in Western Europe,

entry then there couldibe reduce immigration

a chanceto pressures on there increasing that individual And conversely, the the lack of international awareness states. greater immigration inevitably increase co—operation of eliminating the basic of massive

in terms causes

flows and of harmonizing policies, the the immigration

entry greater

will be. pressures

The comparative study presented in the following sections deals with the immigration and asylum policies in the respective countries

and with policies and taken in these countries with

not measures

the provision of alternatives emigration by of

respect to to way economic assistance, preventive political military action in countries

or of origin, However, the concluding section IV the close inter-

etc. relationshipbetween such external and the level and

measures com-

position of immigration will again be underlined.

The examination of the Western countries covered this study clearly indicates that all of these countries increasingly seek to link

on

side external with view from one measures a to prevent movements occurring together with the other side internal to

on measures control inflows. At the time, Governments have tentatively

same many started discuss how adjust national control allow for

to to systems to realistic immigration levels, since there increasing that

awareness

immigration inevitably increase. Therefore the necessity of better

steering these flows into orderly channels gradually enhanced the debate of the studied countries.

in many

COUNTRY OVERVIEWS

As mentioned in the preface, the overviews aim at presenting country short and overviews of developments in the field of entry

journalistic

control and in each studied, rather than

asylum policies country a

and full of all relevant data.

systematic coverage

EU EFTA countries

and

The control of the countries which members

immigration systems are

of the Union EU and the European Free Trade Associa-

European

tion EFTA have developed in parallell during the historically

and have much in As of 1994 the State present century common. members of these have joined in the

two groups except Switzerland

establishment of single of the EES—agrecment, one area as a part the free circulation and of nationals of all the

allowing employment

member within the The EES—countries also states joint area. are invited observe rules the control of

to special concerning entry non-

EES nationals. The EU members strive together since 1986 to establish coma external border and harmonized asylum policy. Howmon system, a this work still and binding have yet ever, ongoing no agreements been concluded in this With the probable of four of the

regard. entry

EFTA Finland, Norway and Sweden into the EU in

states Austria,

this external border of Europe 1995, potential common system

would further be expanded. Between the EFTA such, there are no special arrangestates as for border control with non—nationals ments allowing joint respect to such exists since 1957 the of EFTA states. However, a system among five Nordic Denmark, Finland, Iceland, Norway and Sweden. states Denmark of free circulation Nordic part two European zones the

and the EU. The EES—agreement, well the draft EU zone as as memof Finland, and Sweden, allow for bership agreements Norway

bridging arrangements to the linkage between these

ensure two overlapping European free circulation i.e. the EES EU zones, zone and the Nordic zone.

Austria

Sweden, Switzerland and Austria have each approximately the same

population, but Austria has until recently presented particular

a case in comparison to Sweden and Switzerland with regard the general to

thrust of immigration policies. The development during the last three

implies, however, that Austria has undergone transformation years a from East-West refugee transit country immigration a an to an with policies similar those of other European country to many countries. Between 1945-1990, than three million foreigners mainly more from Eastern Europe arrived in Austria for shorter longer resior dence. Of these, 650,000 have transited in organized an manner to other countries, largely the immigration countries. The to overseas emigration of Austrian citizens, which had started before the World War II, continued after the due the economic conditions in the war, to country. Today there approximately 100,000 Austrians employed are in Switzerland and Germany.

The emigration of skilled brought about labour shortage

persons

in Austria in the 1960’s, and led to guest-worker migration especially from the former Yugoslavia, Italy, Spain and, later Turkey. A

on, system for quota intake of guest-workers established under was tripartite between the Government, the employers and agreements the trade unions. The size of these annual Kontingente quotas was agreed the basis of analysis of the labour market needs in upon on an

specific regions and sectors, whereupon employers concerned

were

granted permission recruit specific number of foreign workers.

to a The Kontingente-system later modified by of law was way a new

the employment foreigners, enacted in 1975. During the 1980’s

on on about 50,000-60,000 such permits distributed annually were to employers for the recruitment of foreign labour. The political liberalization in Eastern Europe in the late 1980’s led sharp increase in the number of arrivals to a spontaneous to Austria coupled with the reduced inclination of the traditional receiving countries USA, Canada and Australia the transfer to accept of these people from Austria since they longer could be defined no as political refugees. This situation induced Austria to introduce a

radical change of the immigration policies, and intensive reform work began 1991 below.

see

According to estimates, there presently 700,000 foreigners in

are

the representing 9 of the population. About 520,000

country per cent of these registered for residence 80 of

are permanent about per cent whom having been granted about 70,000

a one— or two—year permit,

mostly citizens of Bosnia—Herzegovina have been accepted for

temporary residence since the outbreak of the in former Yugoslavia

war and estimated number of 100,000 foreigners mostly Eastern

an Europeans reside in Austria illegaly. The bulk of the registered

foreign population from former Yugoslavia and Turkey. In addition to the 700,000 foreigners, there approximately 3 50,000 immigrants

are

who have acquired Austrian citizenship approximately 10,000

are naturalized annually.

Since the mid -1980’s the number of asylum-seekers tended

to increase. Approximately 70 arrived from Eastern Europe.

per cent However, result of the radical reforms of the asylum in

as a system

the number of asylum-seekers, also from Eastern recent years,

Europe, has decreased substantially.

The changes in the East, well the necessity revise the

as as to Austrian aliens legislation result of the EES-negotiations, led

as a to

overhaul of the Austrian immigration policy, announced in an a Government package in 1991. This package announced the introduc-

tion of four laws: relating the reception of asylum-seekers

new one to

Bundesbetreuungsgesetz, in force in August 1991, specifying

one the asylum criteria Asylgesetz, in force in June 1992, which replaces

the previous law of 1968, general regulations for the of

one on entry

foreigners Fremdengesetz, in force in January 1993, replacing the

1954 Aliens Law and law residence permits in force injuly

a new on

1993. This whole legislative framework, accompanied by

a new Government administration for its application, characterized by

effective policy plan the annual intake of immigrants an to consonant with the actual reception capability of the In this the

country. respect,

Austrian policy most interesting in general European policy

new a

Table Officially registered asylum-seekers East Austria from Europe to

1987 1988 1989 1990 1991 1992 1993

Eastern Europe 80 % 88 % 72 % 67 % 62 % 67 % 51%

perspective. The Government has, the time, taken certain at same

initiatives the European level seek similar international at to to start a

planning Thus, the establishment of European Migration process. a Convention suggested by Austria in February 1993 the was at

Budapest Ministerial Conference East-West uncontrolled on

movements.

The be summarized follows. New rules new entry system may as have been introduced which define the distinction between foreigners

who reside legally in Austria tourists residents and other foras or

eigners. Measures against illegal migration and the smuggling of

aliens have been reinforced. First time tourist-visas only be can

extended through the Austrian Embassies. Carrier sanctions have

been introduced for companies transporting non-documented for- Figure 2. Officialy registered asylum-

eigners. An important change the residence law which

seekers, Austria estimated number new states

thousands that all foreign citizens who for than six months in Austria, stay more

who exercise professional activity, should be in possession of

or a a 30.residence permit within the framework of for first time a quota

permits, which annually decided in between the Govern- 25 agreement

the employers, the trade unions, the chambers of ment, com—merce,

20 the regional authorities and economic planning institute. Residence an permits refugees, frontier workers and those covered by the EESto 15counted in the For 1994, total of agreement are not quota. a quota

27,800 places has been established, of which 11,500 places refer 10 to

aliens born in Austria and 16,300 immigrants including to new

family members and students. The workers free take guest are to any

employment in the specified for which their permission

sector

issued. Foreigners who have long been in Austria with unclear status l D O C oo w oo G5 O O G O have from abroad for within the F V 1 V to apply a permit quota.

Asylum-seekers for obvious not covered by this are, reasons,

planning However, the newly introduced reception

quota system.

also based special planning related the reception

system on to

capacity of the and its regions. The aim of the system to country

bring about decentralization of the reception of asylum-seekers to a small hotels currently about 200 and private homes. The nine

Lander have been assigned reception quotas which have been decided

in proportion their total population and the number of already

to to

residing foreigners in each Land. The originally conceived

system was for 20,000—30,000 applicants and in spite of the significant number of

people who have arrived of the in Bosniaas a consequence war Herzegovina has functioned well. At there 3,500 asylumpresent, are

seekers and from Bosnia—Herzegovina in the reception

37,000 persons

system.

The asylum law aims at accelerating asylum procedures.

new recognizes the definition of the Geneva Convention the sole

as criterion for asylum but allows for protected the of

a stay return

rejected applicants impossible for and serious reasons.

grave

Asylum be granted applicant he already enjoys safety

not to to an

from persecution another has had his application

country, or rejected another which also adheres the provisions of

country to the Geneva Convention. An asylum be rejected the

request can

asylum—seeker co—operative in of checking his identity.

not terms

UNHCR automatically obtains of all incoming asylum

a copy

applications and entitled inspect the file of asylum The

to any case.

integration of refugees who have been granted asylum in Austria

provided through the services of special foundation. A Federal

a new Asylum Agency Bundesasylamt, with local offices, has been

seven created. A special appeal instance for asylum has also been

cases established.

Denmark

During the 1950’s immigration into Denmark relatively insig-

was nificant and consisted primarily of citizens from the other Nordic countries. This trend changed in the 1960’s when there

was an

increase of immigration of labour, particularly from Turkey, former

Yugoslavia and Pakistan. At the end of the 1970’s 15,000 Turkish, 7,000 Yugoslav and 6,000 Pakistani citizens living in Denmark.

were In the mid -1970’s Denmark followed other West European countries

introducing restrictive immigration policies concerning

more

foreign labour, in particular through law adopted in 1973. Due

a new

the rise in family reunions the total number of aliens in Denmark to increased from 100,000 in 1980 to 180,000 in 1993 approximately 3.5

of the total population. In addition 25,000 foreign citizens per cent received Danish nationality.

Despite the restrictions entailed in the 1973 Act, immigration continued reach rather high level and in 1983 Aliens Act

to a a new

adopted. Through this law, aliens having resided in Denmark for was

considerable granted improved legal rights. Furthermore,

a time were

Directorate for Aliens created under the Ministry of Justice a was as

well appeals authority for asylum applications the Refugee

as an Board. The Aliens Act of 1983 also introduced refugee

a new con-

addition the Geneva Convention i.e. de facto cept to concept, refugee The table below shows that the number of asylum-

status.

seekers increased after the adoption of the Aliens Act of 1983 and the

introduction of de facto status. Figure 3. Officialy registered asyum- and this increase led in the In 1985 1986 to changes Asylum Act, seekers, Denmark estimated number

aiming better controling arrivals and making asylum

at new at proin thousands ceedings efficient. Among the introduced more new measures were the full application of the principle of first of asylum well 16 country as — carrier sanctions. Furthermore, the Minister of]ustice entitled as was leave this deemed to be of fundamental imto grant to stay was

portance for humanitarian reasons. An additional change in the

legislation made in 1991 in order allow for the ratification of was to

the Dublin Convention.

In the of 1991 the Minister of Justice presented autumn a report

the Danish aliens policy Parliament. Against the background of on to

the increasing immigration suggested that Denmark

pressure was

would adopt comprehensive policy in this regard. The also

a report

contained general description of trends and underlined the a recent C’ O need for reforms. The resulted in further legislative changes in O report v- 1992, which restrictions family reunification and among were as to

with asylum-seekers who unwilling with

respect to are to co—operate

the asylum authorities such restrictions of the freedom of as move-

ment in of of the asylum-seeker to hearings,

case non-appearance

introduction of the possibility of fingerprinting etc..

In connection with the change of Government in 1993, aliens and

asylum transferred from the Ministry of Justice the matters were to

Ministry of Interior. In the of 1993 the Minister of Interior summer

presented report which, other things, proposed the creation

a among

of European Refugee Commission and increased assistance to refu-

the region of origin e.g. in former Yugoslavia, further gees elaboration of the concept of protected for temporary status persons

from Bosnia-Herzegovina, well number of other In as as a measures.

1994, emphasis has been made the speeding of asylum

on up procedures.

Finland

Among the studied Nordic countries, Finland special presents a case,

the has started to experience considerable immigration of as country

foreigners only in recent During the period of 1945-1991,

years. a

total of 500,000 citizens of Finland moved Sweden with over to a

peak in 1969-1970, of whom just half have returned Finland. over to

At the beginning of the 1980’s, the return of Finnish citizens was

larger than emigration. At the time the immigration of foreign

same

citizens started increase. The immigration from non—Nordic

to

countries Finland amounted to13,000 in 1990. As result of the

to a

in the East, Finland has received 9,000 Finnish nationals

changes

from the former Soviet Union of Which, however, only 40 per cent

speak Finnish.

The number of foreign subjects in Finland amounted to 26,300

in 1990 and increased 35,000 in 1992, of which quarter

to a were

citizens of other Nordic countries. In 1994 the total number of for-

eign residents in Finland had increased to 56,000.

Before the arrivals of asylum—seekers Finland started

to to

increase the end of the 1980’s, the Government had already decided

at

the intake of refugees. About 200 quota-

to give priority to quota—

from Latin America received 1973-1977 and 400

refugees were

from Indochina in 1979-1985. In the mid —1980’s, annual

refugees an

established. The annual refugee-quota was quota—arrangement was

raised from 130 in 1986 500 in 1990. However, this policy of

to

intake has increasingly been challenged by the organized refugee arrivals of asylum—seekers during the last

unexpected spontaneous

years.

The increase asylum immigration in has led to Figure Officialy registered asylum- recent years a

seekers, Finand estimated number revision of the Aliens Act of 1984 and changes in the Aliens

to

in thousands. Ordinance of A Aliens Act decided in 1991 but

1988. new was upon

revised 1993. The refugee criteria of the 1951 Geneva

was already

4.. Convention incorporated in the Act. A special clause for de

were 35 The facto has also been introduced in the Finish legislation.

status

3.. Aliens Act provides for the application of the safe third country new

As safe countries considered all Council of Europe 2,5 concept. are

member which have signed the 1951 Geneva Convention with- 2.. states

reservation well other countries which the

out geographical as as

LS--

deem be safe. This has led decision that the Government may to to a

countries be considered be safe third countries:

following can to

Austria, Belgium, Cyprus, Denmark, France, Germany, Greece, 05

Iceland, Ireland, Italy, Liechtenstein, Luxemburg, Netherlands,

O‘-m: 5 ; ‘

Poland, Slovenia, Switzerland, Sweden and United

Norway, Portugal,

såå

of asylum—seekers has been Kingdom. Finally, fingerprinting

introduced.

France

Amon the Western Euro countries France has held

gst Pean an

until the mid —1970’s, due its traditionallyn i

exceptional position to

attitude towards immigration, which has its in the

positive roots

French revolution. As early in the 1920’s the included as country a

significant immigration surplus factor its long-term economic

as a planning The ties former French colonies have contributed system. to

to this traditionally positive attitude towards immigration.

During

the de—colonization period, than million from the more two people former colonies migrated France. the 1950’s and 1960’s,

to During

labour signed with Morocco,

agreements were Portugal, Spain, Italy,

Algeria and Tunisia. The positive attitude towards immigration, in combination with generous naturalisation laws, has resulted in situation where a

immigrants foreign—born and aliens born in for

France account about 8 million, making 14 of the total of

up per cent population

France. As third of the population of France immigrants, one are or

children grandchildren of immigrants, France, with or together Germany, of the important immigration countries in

one most

Europe. France has larger proportion of foreign-born than a Germany.

But during the last few Germany has both in relative and years absolute numbers larger immigration intake than France. a During the last decades the traditionally attitude towards

positive

immigration in France has changed into reserved This a more one. due several factors. The 1945 law, which included for-

to positively

mulated clauses for immigration and assured the

immigrants a special

legal position, under reconsideration after the 1974 oil crisis and came the following recession. Thus, that the Government resolved year to stop the recruitment of foreign workers and only allow immito gration of close family relatives with admission halt for a temporary

year and also to repatriation. This sudden change of policy

a support

immediately caused increase of illegal immigration, above all from

an North Africa. Hence, reform package launched 1981, a new was aiming on

hand to strengthen the rights of immigrants in France

one permanent and the other hand strike harder illegal

on to against immigration.

estimated that there approximately 400,000 illegal aliens was were on the French labour market. A regularization carried programme was out the of 1981. Approximately 150,000 aliens without summer

permits appeared and registered with the authorities, and of them 131,000 granted permits. Thereafter, law introducing sanctions

were a

against employers who employed illegal immigrants adopted.

was However, illegal immigration continued, whilst the time at same asylum inflows increased. The number of asylum-seekers increased from 15,000 the beginning of the 1980’s record number of at to a 60,000 in 1989.

Figure 5. Officialy registered asylum- Due the illegal inflow and the rise in the number of asylum-

to seekers, France estimated number seekers, the immigration issue has played prominent role in French

a in thousands politics from the mid -1980’s. However, by international comparison the official annual immigration France during the last decade 50.. gross to

has been particularly high. Immigration has amounted

not to ap-

proximately 80,000—150,000 asylum-seekers included. As

per year

result of the overburdening of the asylum reform package

a system, a

launched in 1991. Extensive financial, material and staff was resources

allocated the asylum authority OFPRA, which under the were to

responsibility of the Ministry of Foreign Affairs. The right for

asylum-seekers work withdrawn, the list of visa requirements

to was

enlarged, the fingerprint checking of asylum-seekers intensified, border controls strengthened and sanctions against employers

introduced.

Soon after the change of Government in the spring of 1993, the Minister of Interior launched zero immigration package which

a

Parliament. However, the constitutional of the was passed status

unclear for while, since the Constitutional Council

package was a

declared of the approved legislative amendments being in

parts as conflict with the Constitution. In particular, the asylum clause of the

1958 Constitution, which has its in the 1789 revolution present roots declaration and which stated that who persecuted for

any person action in favour of liberty, has the right asylum in the Republic,

to

said be in contradiction with application of the country of was to any first principle. A debate therefore initiated in the autumn

asylum was

of in Germany, whether the Constitution would

1993, as previously

have be changed render possible for France ratify the

to to to

and Dublin In November 1993, the French Schengen agreements. Parliament reached compromise the issue, implying that the

a on general asylum clause in the Constitution would remain unchanged but legislation would be introduced allow for the return

new so as to of countries of first asylum, in accordance with the

asylum-seekers to

requirements of the Schengen and the Dublin agreements.

Moreover, the package introduced stringent rules

new more

the family reunion policy. The waiting time for concerning an

close relatives extended from The immigrants was one to two years. obligation the financial for next of kin

to guarantee support was

The possibility of uniting families would after

sharpened. cease a certain of time, according to the legislation. Further,

amount new

residence permits would be issued automatically after permanent not

A number of other also 10 years, as previously. new measures was introduced.

Germany

From the denominator for the immigraoutset a common post-war tion policies of Switzerland, Austria and Germany the need for was

foreign labour. Although Germany introduced general immigra-

a tion stoppage for foreign workers in the autumn of 1973, certain a number of foreign workers still allowed The majority was to come. of the immigrants after the entry halt of 1973 however, family were, members of workers who had arrived earlier, asylum—seekers and of German origin coming from various Eastern European persons countries. With the immigration of these four categories taken to-

gether, Germany the important immigration in

most country Europe. Despite this, Germany officially still does not consider itself

immigration country. This discrepancy between policy and reality

an important characteristic of the German situation in this regard. an

Presently about 6.9 million foreign residents registered in

are Germany 1.9 of whom from Turkey and about 1.2 million from former Yugoslavia. About of the foreigners have been 50 percent living in Germany for that The German naturalization more 10 years. rules rather strict and therefore only about 900,000 immigrants are have obtained German citizenship. The first of immigration arrived immediately after the wave Second World War. Between 1945 and 1950 total of 8.3 million a people, of them of German origin, moved to Germany. At the most beginning of the 1960’s, the of West Germany expanding economy was and the erection of the Berlin Wall in 1961 led diminishing supply to a of labour. Consequently, bilateral recruitment agreements were concluded with almost all southern European countries. Most recruitment took place between 1968 and 1972, whereby the foreign labour force Germany increased from 1.0 to 2.6 million increase of the share

an

of foreigners from 5 12 of the total labour force. In 1973, to per cent when restrictions immigration introduced, there already on were were 4.0 million aliens in Germany. However, the restrictive measures taken result of debate, which had been developing were the a over several years,on the negative effects of the immigration of guestworkers. Thus, said that the immigration of family members was led to significant additional costs in terms of social assistance and education. also said that the recruitment of foreign labour was a

force had led postponing of the much required re-structuring of

to a

German industry, resulting in weakening of German economic

a

competitiveness. Finally, certain resistance towards foreigners had

a started be felt the domestic population. to among

The which thus introduced in 1973 included

measures were a

special employer for the hiring of foreigners well restrictions

tax as as concerning the rights of family members to enter the labour market:

family members only after two residence in Germany

were years allowed work. Furthermore, decided that towns with

to was more than 12 foreigners should be considered saturated. Fi-

per cent as

nally, jobless foreigners offered extended repatriation assistance.

were All these had, however, only little effect the further

measures on entries of foreigners, mainly due the continued family reunion

to

process.

In addition, phenomenon emerged in the of Turkish

a new as case

guest—workers, who werealready staying irregularly in Germany

and started avail themselves of the asylum their

to system to ensure continued in the Therefore, the number of asylum

stay country.

applications considerably in the of 1980 and 1981. This

rose years again led the introduction of visa obligations and other special

to control for Turkish citizens. Consequently, the number of

measures

asylum applications declined, but only temporarily. Since 1983, the

number of asylum applicants has continued increase, reaching

to a

peak 1992 with 438,000 applications. Following the newlegislative

package of 1993 figure 6, decrease again registered in 1993.

a was Figure 6. Officially registered asylum- Austria, the in Central and Eastern had

As in changes Europe a

seekers, Germany estimated number

significant impact the composition and size of migration flows to

thousands on Germany. In the late 1980’s, 40 cent of the asylum-seekers

per were 450 from Central and Eastern European countries, and the Ubersiedler, a. 400 i.e. from East Germany who succeeded the border —— persons to pass to 350 West Germany, amounted 20,000—30,000 In 1988 their - to per year. i number reached 40,000 and in 1989 until the fall of the Berlin Wall in aoo October, 340,000 East Germans had arrived West Germany. The

to 250 a. number of Aussiedler, i.e. of German origin in Central and

persons 200 -- Eastern European countries with constitutional right to come to

a Germany, amounted 78,000 in 1987, 203,000 1988, 377,000 in

to 1989 and 400,000 in 1990. In addition, the illegal immigration from

and via neighbouring Poland and former Czechoslovakia increased

; : 5 from 1990 onwards. 0 CD O This development led the introduction of number of V to a measures

achieve efficient control of inflows. With respect to to more Aussiedler, law of 1993 introduced annual ceiling for the

a new an number of be accepted. Only 225,000 Aussiedler

persons to per year would be allowed Germany and the would have to

to enter rest queue, in the countries of origin, to obtain entry permit at

an

3 l4—0845

about 750,000 in this queue. Social assistance present persons are entry allowances for Aussiedler also reduced. Hence, the number

were of Aussiedler arriving in 1993 only about 240,000. At the

was same time, efforts undertaken in the regions of origin, particularly in

are the Russian Federation, with view improve the living conditions

a to for the German minorities there. In 1992 German contributions to this end amounted about DEM 180 million and in 1993 to about

to DEM 250 million.

Simultaneously, the German Government offered

temporary

job possibilities in Germany for potentially redundant labour in

Central and Eastern Europe, alternative uncontrolled migra-

as an to tion. These included places for guest-workers

programmes approximately 4,000 in 1992, seasonal workers about 210,000 in 1992, hired by foreign sub-contractors about 123,000 and

persons frontier about 12,000, mainly Czechs. The development

commuters of these dynamic and led to another discussion

programmes was on the risks of in connection with guest—worker

permanent stay, pro-

grammes.

Over the last the important issue in the German

years most migration policy debate has been the asylum issue. The basis for the entire German asylum Article 16 of the 1949

post—war system

Constitution, stipulating that who politically persecuted

persons are

have right asylum in Germany. The German asylum processing

a to

of highly character and negative asylum decisions

system a udicial

subject appeal various tribunals, the Federal Constitutional

are to to

Court the highest appeal authority. As long the number of being as

asylum applications did exceed 5,000 the system

not cases per year, functioned well. However, when the annual number exceeded 100,000

the burdened. This led various political initiatives cases, system was to

amendment of Article 16. This debate only concluded in on an was May 1993 when Bundestag the Parliament decided

on a com-

the effect that Article 16 should remain unchanged, but

promise to

by Article 16a, containing certain restrictions to

supplemented a new

Article 16. The legislation went into force in July 1993.

new

This Article that arriving in Germany via

new 16a states a person another EU-State in which the application of 1951 Geneva

or a state Convention and the European Convention of Human Rights

safeguarded, has right asylum in Germany. All EU and EFTA

no to

well Poland and the Czech Republic considered safe states as as are as third countries. The legislation also introduced the of

new concept

safe of in principle. Asylum applications of citizens of

country origin

these countries should be considered manifestly unfounded and

as only in the of special circumstances should they enter into the

case normal procedure. The following countries considered safe

are

countries of origin according the legislation: Bulgaria, The

to new Czech Republic, Gambia, Ghana, Hungary, Poland, Romania, Senegal

and the Slovak Republic.

Some further reforms have also been introduced with View to

a render better control of flows of asylum applicants. Among them

substantial increase of the staff of the Federal Agency for the a

Recognition of Foreign Refugees, which the first instance in asylum The has its headquarters in Nürnberg

matters. agency Zirndorf. Its staff has been increased from 350 in 1985 to 5,500 in 1993 the regional offices. Thus, the handling of

including new cases

in first instance has been decentralized well the reception system

as as for asylum-seekers. Since January 1993 all undocumented asylum-

seekers being fingerprinted and, they arrive by air, they are not

are allowed leave the airport the first three weeks.

to

The second instance procedure has also been streamlined. Finally, readmission have been concluded with Poland and

agreements

Switzerland and negotiations with the Czech Republic underway.

are As result of all these the number of asylum-seekers

a measures new has been substantially reduced. The total number of asylum arrivals

323,000 in 1993 and only 62,000 the first six months of 1994. was

Netherlands

The of the Netherlands composed of

immigration policies are a

of elements and difficult characterize briefly. The

variety are to

Netherlands still colonial and its colonial past has deeply

a power influenced the of immigration. Of the 1.2 million foreign-

structure born who live in the almost 40 originate from the

country, per cent Dutch ex-colonies Indonesia and Surinam and from the present Dutch territories in the Caribbean. At the time, the Netherlands,

same like Germany, Austria and Switzerland, has also been recruiting foreign workers, mainly from Turkey and Morocco. A large amount of foreign from other EC-countries have also arrived.

experts

The of from the ex-colonies those

largest group immigrants are

from Surinam. They number about 263,000 and of them

most are Dutch citizens. Most of them between 1975 when Surinam

came

declared its independence and 1980 the general right for

when

Surinamese the Netherlands end. There

to immigrate to came to an

also about 90,000 immigrants from the Dutch Antilles in the are

Many of those who from the former colonies have country. came

difficulties in integrating in the labour market. The great unemployment of the Surinamese immigrants about

rate now amounts to 20 per cent.

There total of 779,000 foreign citizens residing in the

are a coun-

Turks and Moroccans for half, which corresponds try account to

5 of the population. The immigration of foreigners in

per cent gross 1993 88,000. Turkish citizens accounted for 8,000 of the

was sum while citizens of Surinam for 6,000. In 1992 than 4,000 Dutch

more citizens from the Dutch Antilles immigrated. The Netherlands

one of few countries which from the included asylum-seekers in

outset the statistics, irrespective of their legal status. However, from

entry

1994 asylum-seekers will longer be automatically included in the

no

immigration statistics. The immigration legislation, still valid today in basic

respects,

adopted in 1965. Three Ministries have traditionally been was respon-

sible for the application of the immigration policy: the Ministry of Justice responsible for aliens and asylum policy, the Ministry of

Foreign Affairs and the Ministry of Welfare responsible for the

reception of asylum-seekers. The influence of the Ministry of

Foreign affairs asylum-cases decreased through administrative

over an reform 1992. The Ministry of Interior responsible for the active

Dutch minority policy introduced 1983, which aims at strength-

ening the cultural rights of immigrants and the ethnic minorities. In the Netherlands, the Ministry of Development Assistance has also

traditionally played important in the shaping of migration

an part

policies. A larger development project, initiated by the Ministry,

was carried the end of the 1970’s with the aim of creating job

out at openings for returning migrants in number of Mediterranean

a countries. In policies have been revitalized through

recent years, return certain There for instance, special return

programmes. a programme for retired immigrants from Turkey and Morocco, carried out under

the responsibility of the Ministry of Social Affairs and Employment.

Given the geographical position of the Netherlands and its high

standard of living, illegal immigration has increased heavily during the last decades. Two regularizations of illegal immigrants have taken

place: 1975 when 10,400 received status and in 1981. During the

second half of the 1980’s, irregular immigration increasingly took the shape of asylum immigration. Most of the asylum-seekers in recent

have arrived via neighbouring countries, mainly from Germany. years

For several the asylum issue has been important issue in the

years an

Dutch domestic political debate.

Figure Officially registered asylum- The number of asylum—seekers continued increase 1984-

to

Seekers Netherlands estimated wmbe restrictions introduced and the number of

1987, whereupon were

in thousands

lications. . decreased. Nevertheless . istered. a a new increase was re g

a thereafter, followed by in 1991. For the third time,

new measures 40 -

there has been increase, in spite of various

a new strong new measures, 35 0 and the number reached in 1993 the record total of 35,400.

30 of w In 1992 administrative reform carried with the aim

an was out

25 streamlining the reception of asylum—seekers.All asylum—seekers

are

20 accommodated by 13 regional asylum and only there the -- centers can

asylum application be handed in. As result, the processing time at

a 15 .

the first instance has been shortened month. One of the asylum

to one 10 , established close the of Amsterdam

has been to airport centres 5

0¶Schipol, intended for applicants whose claims be manifestly

appear to

0 unfounded. ‘ i g N m

m m å å § far there have been three asylum instances in the Netherlands,

So

still the in Germany. Appeal the first instance decision as case over

handled the Ministry of Justice. the second instance deciwas

sion also negative, the applicant would have been able to turn to

was

special administrative Supreme Court Raad State. The a van new

appeal however, restricts the possibilities to appeal to only

system,

instances. A special authority, the Immigration and Naturalization two

Service within the Ministry of Justice INS, established in 1994

was

INS also responsible for first instance asylum decisions. Further,

special asylum appeal authority has recently been established.

a

In view also of the application of the Dublin and Schengen agree-

the Whole Dutch asylum system has recently been reformed. ments,

In December 1993 the Dutch Parliament decided certain revision

on a

of the aliens legislation of 1965. The authorities will be able

now to

handle manifestly unfounded applications more expedient manner.

a

with false identity documents and applicants who

Asylum-seekers

arrive via safe third countries might be considered inadmissible. The

Netherlands its of introducing legislation safe thereby on way on

third countries and safe countries of origin which basically correspond

those of Germany. However, the Parliament has still decided to not

these changes.

on

The considerable increase of the arrivals of asylum—seekers the

at

end of 1993 and the beginning of 1994 26,000 during the half

about

of 1994 only, has prompted the Dutch Government undertake

to

further better control the flows. In addition to the

measures to

introduction of the safe third country concept legislation implying that undocumented applicants would be denied the processing right has also been drafted. Also other radical considered

measures,

have been taken. necessary,

Norway

The first aliens legislation in Norway adopted in 1927, the

was at

time when corresponding legislation introduced in

same was a number of European countries. The legislation revised in 1956,

was with view better regulate the intake of non-Nordic labour. By

a to that time, about 25,000 foreigners residing in Norway, most of

were whom from other Nordic countries.

were

Until the beginning of the 1970’s, non-Nordic citizen who

every had received employment offer in Norway also less

an was more or

granted time—limited labour permit. The increase of

automatically a immigration of labour applicants, notably from Pakistan,

spontaneous India and Turkey brought about revision of the policies in 1971.

a This revision introduced the reception possibilities in Norway as a main criterion for admitting labour migration. Following the economic recession the Government proposed in the

in 1974, a one—year stop

of labour permits recently arrived non-Nordic granting new to

These regulations which entered into force in February

immigrants.

consolidated with amendments in 1981, and still 1975, were some are valid. the rule labour permits made for

Exceptions to not to grant are certain non-Nordic staff hired by the oil industry well

experts, as as for who have received refugee-status who have been

foreigners or

residence for other The introduction of granted Norway reasons. the immigration in 1975 resulted in stabilization of the

stoppage a annual of non-Nordic subjects Norway the level

immigration to to

of 12,000—14,000, of whom about half gain to the labour

access market.

Since the beginning of the 1950’s the number of foreign subjects

in Norway has quadrupled. Today, they number 150,000 3,5

per

of the total population, 113,000 of whom non-Nordics. An cent are active for the integration of immigrants, similar the in

policy to one

Sweden, has been carried in Norway since the mid -1970s.

out

Since the mid —1980’s, in Sweden and Denmark, the number of

as

has increased. record number of nearly

asylum-seekers In 1993, a

13,000 arrived.

The increase in the number of asylum-seekers the mid -1980’s led extensive reform activities. A for the local reception of

to system

Figure 8- Officialy registered asyum- asylum-seekers and refugees already introduced the beginning

was at ‘9eeke’sNorway estimated umber of the 1980’s. The total administration for aliens, refugee and inte- In thousands

. reorganized. . 1988, whereby Directorate. of gration matters was in a Immigration UDI established under the Ministry of Local

was 14 —- Government and Employment. Yet, the Minist of Justice

12 -- which the responsible department for the aliens legislation. The

10 Directorate of Immigration presently has staff of 315. -- a

A Government bill with guidelines the future immigration

on policy submitted Parliament in the spring of 1987. A

was to new Aliens Act into force in 1991. The policy changes implied

went a reinforcement of the immigration control and included reform

to accelerate the asylum processing goal of 3-4 months for the

a pro-

cessing in first instance established, well stringent

was as as a more

application the of first asylum principle and certain

country $|ODl®OOv-01¢’ O QQWQGDODOJODOJ of the visa policies. At the time, the annual for O:O3OJOO30OJOOO503 adaptions same quota V‘7—V—V—V'7—V— the organised transfer of refugees Norway raised from 700

to was places in 1986 1,000 places in 1992 and emphasis set in-

to was on creased efforts, the of Norway, international co-operation

on part on

refugee movements from occurring.

to prevent

Measures better control the flows of asylum—seekers were

to introduced in 1992, others with view facilitate their iden-

among a to tification through fingerprints Moreover, aliens ordinance

etc. a new

into force in January 1994. Through the ordinance the of came entry EU—citizens, consistency with the EES—agreement, liberated.

was

In 1993 various elaborated by inter—Ministerial working

reports,

suggested development of the refugee policies of Norway.

groups, a

In there proposal comprehensive refugee policy,

one report a on a

including preventive in the countries of origin. In another

measures

suggested that Norway should introduce the concept of report,

protection in its asylum legislation. The reports

temporary are currently under consideration by the Government.

Sweden

Until the beginning of the 1930’s Sweden country of emigra-

was a tion. Most immigrants of that time Swedes returning from the

were United States. Immigration of non-Swedes increased only in

connection with the Second World War. At the end of the 200,000

war refugees from the neighbouring Countries had arrived in Sweden.

Most of them later left the country.

Immigration of labour dominant during the 1950’s and

was 1960’s, facilitated by the joint Nordic labour

1954 agreement on a

market. Since then citizens of Nordic freely, without

a country can application, take residence in neighbouring Nordic country. Gross

a immigration during the 1950’s amounted to about 260,000 persons, with considerable increase the following decade also involving

a workers from Southern Europe and their families. Approximately

thirds of the immigrants from other Nordic countries. In two came 1970, labour immigration culminated, with inflow of 73,000

an

Immigration from the other Nordic countries, notably persons. Finland, then also reached its peak. Here and below figures refer

to

official statistics.

A labour immigration for non-Nordics introduced

stoppage was in Sweden in the early 1970’s. However, immigration for family

reunion and asylum increased and, Nordic immigration continuing,

annual inflows after the remained rather high the of the

stoppage rest decade, 32,000—40,000 resulting in total inflow of

or persons, a 377,000 in the 1970s. During the second half of the 1970s, immigration from the Nordic countries for the first time lower than from

was

of the world. the rest

Gross the 1980s reflects the general flows of

immigration

asylum-seekers with afterwaves of family reunions, in total numbering

338,000 In 1989 the highest immigration figure since

persons. gross 1970 recorded, 65,000 The successively almost to-

was or persons.

tally changed national composition of immigrants was highlighted

new when, in 1985, for the first time the share of non-European immigrants

larger than the share of European immigrants.

was

At early Sweden introduced for the coordination

an stage, asystem

of asylum and integration policies. The Swedish Immigration

entry, Board, responsible for with monitoring task concerning these

or a three the implementation level, established in 1969.

areas at was Given additional administrative tasks in 1985, major reform of

at a

for the reception of asylum-seekers and refugees, the

the system Board reached staff peak level of 5,161 in 1993 incl. clearance and

a

residential centres. At the Ministerial level, the Ministry of

refugee Culture and Immigration responsible for policy co—ordination in

1991 replacing the Ministry of Labour in this regard. In 1993, approximately 835,000 foreign—born lived in

persons

Sweden, which corresponded nearly 10 of the population.

to per cent About 430,000 immigrants naturalized, naturalization policies

are

liberal since the 1970’s. More than 400,000 the majorbeing persons,

Swedish citizens, born in Sweden having least immiity are at one

grant parent.

Officially registered asylum- A basic characteristic of immigration Sweden in recent Figure 9. to years Swede estimated umber that the result of asylum flows and ensuing §°°ke’s mainly spontaneous in thousands - issued family. . Of the 237,800 residence. . which. .

reunion. permits were during the period 1984-1992, much 93 cent granted on

as as per were

family, humanitarian asylum grounds. Looking at 1993, corre-

or

about 59,000 and 96 The intake sponding figures are per cent. quota

of these figures marginal.

part

waiting-times for applicants staying in residential Facing long

and stressing the need the the Swedish centres to ease pressure on

Board time of both major administrative change and

Immigration at a

Aliens Act in July 1989, the Government in May that a new year

established guidelines. Thereby long—staying than 18

new more

families with children would generally months applying get perma-

residence humanitarian grounds. During the second

nent permits on half of 1989 approximately asylum—seekersarrived during

as many as the whole of 1988. The strengthened administration could not

year

avoid prolonged waiting—times.

In December 1989 the Government decided to temporarily sus-

the of de facto refugees with weak protection

pend right asylum for

needs. The Government elected in September 1991 cancelled

new

that decision the waiting-time stipulation, strongly advoincluding

that claims of substantial according to the law

cating only a nature

should found right However, made several exceptions to

a to stay.

that last principle for number of longstayers.

a

As shown in the table below, asylum inflows increased consid-

notably in 1992, when recordinumber of 84,000 asylumerably, a

seekers arrived, of whom centfrom former Yugoslavia.

83 per

The increase in arrivals led number of

asylum to a measures restricting Swedish territory. These were more or

access to measures less interrelated with other decisions by the Government. Firstly to

accord complying with the requirements for asylum, applicants, not

residence other focusing the

permits on grounds predominantly on

of in Sweden, secondly establish limited intakes length stay to quota and in the funding of UNHCR

thirdly substantially to participate in Croatia and Bosnia-Herzegovina. Notably among

programmes restrictive the visa requirements for citizens of Serbia

measures are

and Macedonia introduced in the of 1992, and

Montenegro autumn

for citizens of Bosnia-Herzegovina in June 1993. These measures

be drastic remedy ending the migration flows in

proved to a next to

In January 1994, of 60,000 totally arrived Kosovo

question. out

Albanians 2,800 had recieved residence permits poli-

permanent on tical of them, humanitarian grounds. Negative decisions

or, most

regularly being taken had led to the of than 25,000 return more Another 10,000 had fulfilled the but returned persons. not process

home, applied for asylum in Norway lived in or underground

Sweden.

As shown in figure the number of asylum-seekers reduced was

1993, following the visa requirements, applied Swedish

new as authorities and supported through visa other

requirements by

countries, well efficient rejection and policies vis-â-vis as as return asylum applicants from Macedonia and Kosovo. Another reason was

the unexpected downfall of non—European asylum-seekers, with

no obvious relation Swedish to measures. However, following Government decision in June 1993 about a

40,000 applicants from Bosnia—Herzegovina residing in Sweden have

been provided with residence leaving few

a permanent permit, only a applications rejected. Another 6,500 bosnians have July 1993—]uly

1994 immigrated in accordance with decisions. Moreover, quota according to a Government decision in April 1994, about 20,000

Kosovo Albanians families with children expected be provided are to with residence permits. The Government thus decided permanent that asylum-seeking families with children, Sweden before

entering

January 1993, should generally be granted residence permanent permits, referring the the humanitarian need attention the to to pay to

waiting—time. Rejected still being in Sweden returning

persons or from another Nordic also benefit from that

country can guideline.

A number of legislative and administrative has also measures been taken result of the increase of asylum flows. A Aliens as a new Act into force in 1989. One of the law speed came purpose was to up

the asylum processing. The for the reception of asylum—

1985 system seekers and refugees had been constructed for level of few thoua a

sand asylum-seekers. In 1989 the processing of asylum applications and the reception of asylum-seekers decentralized by of

was way a regional split-up of the of the Swedish

competence Immigration

Board SIV, and additional allocated. Until 1991 the resources were Government the appeal instance, but following the large number was

of appeals special appeal authority Aliens

a the Appeals Board was

established in 1992. Both authorities provided with

were apossibility

to refer the Government for guidelines. cases to In the of 1993 the Swedish Government presented autumn a proposal temporary protection for those who left their on a system country because of civil and in situation and war a mass movement when be expected that the situation which caused the can escape will change in the foreseeable future. The proposal adopted by was

Parliament and in force inJuly 1994. The restricts the provision system

of periods of six months whereupon

temporary permits to two

residence the situation in the of origin has

permit given country

not improved.

another reform of the for the reception of In July 1994, system

asylum—seekers into force, giving asylum—seekers a right to

came

handle their with allowances from the State alterown housing as an . native the residential by the Swedish Immigration to centres run

diversified model with intended Board. Furthermore, a more an

for such introduced. The Board variety of entrepreneurs centres was

the supervising the time competing by run-

being agency at same

ning of its centres own. the Government decided appoint Parlia- In January 1993, to a

Commission review the refugee, integration and immimentary to

inter alia active policy for remigration

gration policies, including an

framework for Sweden multicultural society. The and policy as a a behind this total overview the need consider these interreason to

in in mind global and related policy areas one context, keeping

national well increasing signs of growing deficiencies in

changes as as

of The Commission started its work in

the integration immigrants.

the of 1993 and will submit its proposals in 1995. summer

revisions simultaneously being conside-

On specific issues, are

March the Government proposal Widen red. In 1994, presented a to

the frame for application for residence permit on grounds

rejecting an

and asocial behaviour. Another Government Bill of June of criminal

contains possibilities residence 1994 a proposal to enlarge to grant a

reunion applicant already in Sweden. permit on family grounds to an

In July 1994, the Government requested two specially appointed

consider how that expulsions carried Commissioners to to ensure are

still in humane and in what the efficiently but a manner way out

Government should be for formation of practice.

responsible

Switzerland

tradition of Already before the

Switzerland has long immigration.

a World considerable number of foreign workers First War a was

the outbreak of the First

residing in Switzerland one year prior to

World of the total population aliens. In the War 16 per cent were

Switzerland started its labour force from Southern

1950’s, recruiting

this considered for the development of the Europe as was necessary

and tourism for seasonal workers trade sectors. Special status was

which made large number of

established, possible to engage a

i

1 s1

a foreign Workers for successive periods of time. Seasonal workers are

presently engaged for nine months. Family members of seasonal

workers supposed to stay in the of origin, but after are country a

certain number of nine months the seasonal engagements status can

be changed regular annual work permit, which gives right

to a to

family reunion.

In the late 1960’s the granting of the of seasonal worker led status

considerable increase in immigration which in rise to a turn gave to

hostility the national population against foreigners.

some among i 2 Consequently, the first referendum maximum number of for- i on a a .3 eigners to be allowed in Switzerland took place in 1970. The a to stay

debate throughout the 1970’s resulted in political a consensus to

the effect that the number of foreigners residing Switzerland

i

should be kept approximately million. However, in 1993 the at one

number had augmented 1.241,000 international civil to servants,

seasonal workers and asylum-seekers included, corresponding

not

to 18 cent of the total population. This implies that after per next

Luxembourg, Switzerland the in Europe with the highest country

proportion of foreigners. Also compared countries all the

to over

world the percentage of foreigners in Switzerland high. At the very

beginning of 1993, much 26 of the total labour force as as per cent

890,000 persons foreigners; 77 cent of them, however, were per

from EU and EFTA In addition, least 400,000 came states. at persons

have obtained Swiss citizenship in the recent years.

3¶The most important the foreign population

groups among are

the citzens from Italy 372,000, formerjugoslavia 208,000, Portugal 1

112,000 and Spain 109,000. In European comparative i

a perspec- Figure 10. Officialy registered asylum- tive the annual i

net immigration high, amounting to 50,000 persons

a seekers, Switzerland estimated number 1992. This high level of immigration the result of family | net Å thousands reunion, conversion of the status of seasonal worker into annual

45+

work permits and positive asylum decisions. About 30,000 asylum-

40 seekers whose still have been included. 1 cases were pending not In

35 1992 the in Switzerland 146,000.

H gross immigration was

30. An important factor the debate the maximum number of on

25- alien residents has been the growing number of asylum-seekers. new

go As shown in figure 10, there significant increase in the number was a

of asylum-seekers until 1991, when various introduced 15— measures were

make the asylum efficient. This resulted in drastic to system more a

decrease of applications. However, in 1993 numbers increased once

more.

The above clearly shows the important role of immigration in

Switzerland, and its effects domestic and foreign policy. The on

number of aliens the relatively small national

growing compared to

population already comprising four constituent language groups

discussed well also the ecological effects of

increasingly being as as the total population in Switzerland due to immigration growing

Hence, in the late 1980’s first initiative

the carrying capacity. a

with view establish long-term Swiss migration policy was

a to a taken, in issued by the Federal Council the

resulting a report

and Parliament in 1991. According the

Government adopted by to the and asylum policy well the refugee report, immigration as as

outside the should be conceived whole. Furtherpolicy country as a

efforts with view illegal immigration and the more, a to counteract abuse of the effectively should be increased. In

asylum system more addition, the maintenance of the proportion between the

present national and foreign labour force continues to be considered necessary.

As of the integration in future foreign

part European process, workers will be recruited from EU EFTA states.

primarily or

Furthermore, the Swiss of seasonal workers should gradually

system be abolished. The of the EES-referendum in

negative outcome

December has led in these guidelines the

1992 not to any changes on

future immigration policy of Switzerland.

In another adopted by Parliament in 1991 Bericht über

report die 1991-1995 stated that the explicit goal of

Legislaturplanung

the Swiss assistance should be to prevent

development programmes

from developing countries to

irregular migratory movements

Switzerland.

.

The above-mentioned illustrates that of the basic charac-

one teristics of the Swiss immigration policy its con-centration

present

These endeavours be against the

on long-term planning. are to seen background of the traditional Swiss migration planning system,

which based fixed beforehand. Thus, each the

on quotas year Federal Council determines the maximum number of foreign workers

who should be recruited the coming with annual

year, respect to work seasonal workers and short-term workers

permits, nine months

months. the first entitled family reunification

six Only category to

far and children below 18 of concerned. as as spouses years age are The recruitment administered the Federal Aliens Authority in

by

with the Federal responsible for labour

co-operation .Authority

market affairs.

The third authority the Federal Office for Refugees

competent which established in which time the staff comprised 150

was 1986 at

Since then, the staff has been considerably increased and at persons.

there 450 staff members. The 26 cantons responsible present are are

for the reception of the asylum-seekers according distribution

to a

code. Expenditure the of the for asylum-seekers

on part cantons are covered the Federation. The Swiss asylum has been subject system

to significant changes the last few resulting in swifter

over years

asylum proceedings and the reduction of abuse An important

cases. this regard the introduction of the of safe measure was concept

country of origin in the asylum legislation in 1990. According the

to latest decision of the Federal Council the following eleven countries considered safe countries of origin: Albania, Bulgaria, Gambia, are Ghana, India, Poland, Romania, Senegal, the Slovak Republic, the Czech Republic and Hungary. Decisions applications from these on

countries taken quickly and, negative, the rejected asylum-

are seeker returned within short delay. This has led the drastic a very to reduction of asylum-seekers from these countries the total volume of asylum—seekers during the first quarter of 1994 35 less was per cent

than that the corresponding period in 1993.

. In 1993 Commission established in order revise an expert was to the asylum law and of the major issues the definition one was proper of the de facto Furthermore, the basis of decision by status. on a Parliament in 1992 the Government took the first work steps to out

long-term migration policy and corresponding legal framework.

a a A draft report presented to the Minister of Justice in February was 1994.

United Kingdom

The UK immigration policy of rather pragmatic and

a nature border control has mainly been facilitated result of the insular as position of the country. Free movement with Ireland has existed for long time. Until the Commonwealth Immigrants Act of 1962, all a Commonwealth citizens had free the UK. The Immigration entry to Act of 1971 further equalled citizens of the Commonwealth to

foreigners with regard immigration control.

to The UK immigration policy of restrictive character. present a In 1993 Government stated that, with the exception of a report,

genuine visitorsstudents, under EU law, minor

persons spouses

children and refugees, the objective of the immigration policy to

restrict severely the numbers coming live permanently work to or to in UK and to detect and those entering remaining UK remove or

without authority. The present UK nationality legislation, which mostly into

came force 1 January 1983, replaced the former of on common status

citizen of the United Kingdom and Colonies CUKC with three

British citizenship for those former CUKCs

separate citizenships: i

who had the right of abode in the UK defined in the pre—1983

as

immigration legislation; British Dependent Territories citizenship

ii

those connected with remaining British colony; and

for similarly a

iii British Overseas citizenship for those CUKCs note closely

connected with either the UK colony.

or a

From legal point of view, therefore, the citizenship legislation

a

in the UK followed of the immigration legislation

as a consequence

and vice in other countries. In its amended form the

not versa as most

Act permits the right of free the UK British

Immigration entry to to

citizens and certain Commonwealth citizens who, before 1983,

to

acquired that right by birth, adoption marriage. These exceptions

or

aside, all other British nationals Overseas citizens, British

British

Territories citizens, British subjects, British Nationals

Dependent Overseas and British protected persons are subject to immigration

control.

About 3.5 million 6,2 of the population UK born

per cent are

abroad. EU—citizens which third for

of one Irish account one

third of the born and Indian Pakistani nationals for

overseas an

additional third. Since the late 1970’s the number of people

one

accepted for settlement has decreased by about 20 per cent, largely as

result of the restrictions introduced in the early 1980’s.

a immigration

In has risen again slightly, to 55,500 in 1993. In

recent years

its size, the UK has fairly low level of

comparison to population a

Figure 11 Officiay registered aeyum-

Half of the from the seekers, the United Kingdom immigration. new immigrants emanate

estimated umber in m°’sadS Commonwealth. reunion than 70

Family now represents more per

of those for settlement.

cent accepted

Principal - with dependants deals witht I t t

The Immigration Act of 1988 mainlyI illegal immiappttcants estimate

This law allows for stringent this gration. more enactment area. 7o l of the the number of asylum applications in the

For most 1980s,

United Kingdom remained steady around 4,000 year. From

at per

1989 there followed rise just under 45,000 in 1991. In 1992

a steep to

the number of applications dropped significantly to about 25,000

the introduction of screening to inhibit multiple

following measures

The decrease applications continued in 1993 with

applications. a

fall 23,000. However, this still five times higher slight to was some

than in 1988.

The and Appeals Act of 1993, and associated

Asylum Immigration

forms of wider tackle the increase in legislation, part a strategy to

CD The includes substantial increases in staffing

asylum-seekers. strategy

ao o V and other The legislation introduced in—country

resources. new an

right of appeal before removal from the UK for all refused asylum

seekers. also provided for the rapid handling, including tight appeal

time limits, of clearly unfounded introduced to

cases, a power fingerprint all asylum seekers for identification and allowed

purposes, the person’s be curtailed, and deportation decision be

stay to a to served, when asylum claim rejected.

an

Overseas immigration countries

As mentioned earlier, USA, Canada and Australia have been included in this study illustrate the difference between immigration policies

to dealing with settlement and other policies leading to

permanent

settlement without that being the initial aim. For the sake permanent of and all three countries here dealt with

contrast comparison, are parallelly country overviews presented.

andno separate are

In all of the three countries the role of immigration explicitly gearedtowards the development of the nations such. Reference to

as the role of immigration in forming the nationhood made in all the three countries, and their immigration aimed at permanent

systems are settlement. of the Western European countries have

In contrast, none

legislation enabling acquisition of residence

an entry permanent

immediately arrival the exception of Sweden.

on with

All three countries make of refined planning systems to

use ascertain the desirable annual level and composition of immigration. Australia accepted 94,000 immigrants for permanent settlement in

1992. The migration non—humanitarianprogram for 199394

provides for 63,000 places. Family migrants for 71 cent of

account per the skill 27 and special eligibility for less

program, program per cent than 2 For 199394 the Humanitarian Program has been

per cent.

separated from the general Migration Program. provides for to

up 13,000 people in need of humanitarian resettlement during 199394. Canada 240,000 settlers in 1993 employs quota

too, permanent a

The United States, the other hand, annual target system. on sets an

ceiling for total immigration, divided into three categories family,

labour and other immigration. On the whole, family reunion maintains role in the immigration planning of all three

a prominent

countries. The immigration policy of USA differs from the other two countries, since American citizenship prerequisite for the transfer

a of family members included in the family.

not core

Parallel the deliberate family reunion policy, all three countries

to

seek maintain general policy objective immigration, deem-

to as a on

ing in the productive force in the respective national

as past, a economies. Hence, increased priority given in all three

now countries the share of labour of total annual immigration targets.

to Australia and Canada have which that there high

systems ensure a level of quality control the of with professional

over entry persons

qualifications, and Canada utilizes sophisticated point systems in

this regard. National economic priorities therefore influence the

can composition of annual immigration. Moreover, Canada also attaches

importance regional policy considerations in its immigration

to

In the of USA, should be mentioned that the 1990 system. case Immigration Act provided for twofold increase of the labour share

a of total immigration and threefold increase of the sub-share for

a

particularly required labour. Parallelly, all three countries have recently

introduced frequent of short—time permits for specially

a more use needed labour. These systems of short—term labour permits are indeed similar the guest—worker and seasonal worker systems,

to which still applied in few European countries. As

are to some extent a

in Europe, such permits do automatically entitle to long-term

not residency settlement.

or to permanent

As illegal immigration remains high level in all the Europe, at a

three countries. The Australian authorities estimate that there

are

about 90,000 illegal migrants in the country. Approximately 80

per

of the illegal migrants have probably arrived tourist visa and cent on a

stayed overstayers. They mainly from Great Britain

on emanate and South East Asian countries‘. The authorities of USA estimate that 2—5 million illegal workers presently the foremost

are country, from Mexico, from which least 300,000 people immigrate

at per year illegally. Canada introduced legislation enacted in 1993 to

a new

facilitate the fight against illegal immigration increased fines for companies transporting illegals, inspection possibilities in the

more

of employers hiring illegals etc. A corresponding law

case was passed in USA in 1986 after long national debate, whereby sanctions

a

against employers hiring illegals introduced, and border control

were

increased The Clinton-administration has was given resources.

launched legislative package reinforce the fight against il-

a new to

legal immigration, following the discovery of organised transports by boat from the Peoples Republic of China. The package provides

for further the local border control and the Immigration

resources to and Naturalization Service INS, the establishment of computer-

new

facilitate the detection of traffickers and forged documents. systems to

4 14-0845

The increase of fines for companies and others involved in transport

well the withdrawal of the right of illegal migrants to

trafficking as as

obtain social services and unemployment assistance also included are

in the package. Another form of irregular migration which has been increasing substantially in North America asylum immigration. Traditionally,

both the United States and Canada have applied a generous system

in the of Embassy applications made overseas by persons meetcase

the requirements of the Geneva Convention. However, sponta-

ing

arrivals of asylum-seekers the borders, presenting very neous to

weak for have increased drastically the

or no grounds asylum, over

few in the countries. In Australia, the relatively large past years two

number of in 1991 result of the Tianmen Square-

asylum-seekers a

in the of China in 1989, when Chinese stu-

events Peoples Republic

dents in Australia applied for asylum in 1993, nearly

already present

all of them received residence permits humanitarian grounds on

Government decision. The development of the

following a special arrivals of asylum-seekers the three countries during

spontaneous to Figure 12. Officially registered asylumthe few has been showes in figure. seekers, the United States, Canada, past years as

The arrivals have prompted all three countries Australia estimated number increasing asylum

thousands various fora dealing with

to approach European inter—governmental

and seek align their asylum policies to those

asylum matters to to 180 carried with view abuse and more out Europe, e.g. a to counteract

160 Thus, all three

firmly apply the of first asylum principle.

to country

140 countries have indicated interest in closely

especially Canada an

the negotiations the Dublin and Schengen agreements

following on

120 and their successive implementation. among EU states

100 relatively

The Geneva Convention refugee recognition rate

low USA and Australia 4,8 cent in USA 1991 and 4,3 per per

in Australia in 1992, whilst the recognition rate considerably cent Canada 1990, 64 in 1991, 57in 1992 and 46 higher in 70 per cent

The Canadian of recognizing applicants from in 1993. practice

certain countries variance with the practices of several European at

countries. instance, whilst Norway rejectd 100 cent of all For per O ; i

Romanian applications in 1992 and the UK similarly rejected asylum

Canada approved nearly half of the Romanian asylum 92 per cent,

applications the same year.

COMPARATIVE OVERVIEW

The role of immigration

As stated earlier, the of this limited study analyse, by

purpose to

comparative overview, how the and asylum desig-

entry systems are ned various Western countries. explain the effects of goes on to

these in of controlling immigration, and shows which

systems terms

applications accepted after the entry and asylum procedures have

are been finalized. Total annual immigration into Western The immigration policy of be analysed without acountry can not European states currently twice as other factors such links other

considering as history, traditions, to

high as total immigration into the three

countries, population economic performance and

structure, traditional countries of immigration geographical position etc. As discussed in the short overviews, overseas. country the immigration policies of the selected countries have been highly affected the above-mentioned factors. Accordingly, there exists a fundamental difference between countries which have been founded by of immigration such USA, Canada and and

way as Australia

countries where immigration only forms element in the overall one development of the nation. Many differences the latter exist amongst countries. Due to their colonial countries have long past, some over a

period of time acquired substantial experience in of catering

terms

for significant population between the mother

movements country and the territories e.g. France, United Kingdom and the overseas Netherlands. There also differences these three are many amongst countries. For example, until the previous decade France has largely

conceived immigration positive population growth factor. The

as a Netherlands, the other hand, has in spite of its colonial been on past, inclined to control immigration in view of the already high more population density of the country. However, in the other European countries, selected this study, economic considerations have mainly influenced the formation of immigration policies until the mid — 1970’s. As discussed in the overviews, there also disparities country are amongst these countries.

Thus, the fundamental attitude between the American even and the European continent towards the immigration phenomenon

differs, both continents currently being confronted with

strongly are historically situation and simultaneously subject to growing

a new are

Whilst the traditionally positive attitude immigration pressures. towards immigration in North America slowly being replaced

now reserved the European countries, in have by a more one, turn, realized that endeavours restrict immigration suddenly present to with traditional control will increasingly have to be adapted measures

policy approach. From purely statistical to a long—termimmigration a

the role in number of

point of view, immigration now plays same a

countries in the classical immigration countries. European as overseas

the latter have been created through immigration, they still

Since

have share of foreign-born amongst their respective population alarger

of the studied countries.’However, the population than most European in Western European countries increasingly structure many are resemble those of the classical immigration countries

starting to e.

will exceed 10-15 of the the share of foreign—born soon per cent fact, annual in relation the

population. In gross immigration to

few countries Switzerland, Austria and

population in a European

inclined exceed figures of the classical immigration

Germany to

countries. Total annual immigration into Western European states

twice total immigration into the three traditional

currently as high as

of Hence, there clear trend of countries immigration overseas. a factual well of policy in the field migration as as convergence continents of North America and Australia. between the three Europe, based ICMPD estimates, shows the The table below table 4, on of into Western Europe. The

increasing importance immigration

of of the total population for the European

proportion immigrants

countries calculated the basis of the number of foreign was on residents the number of naturalized immigrants, whereas the

plus

for the classical immigration countries based

proportions are on statistics the foreign-born. As regards the size of immigration,

on

official data immigration appropriate have been adjusted

on gross as with data this mentioned

on asylum-seekers since category, as

earlier, accounted for in the official immigration

not normally

With Germany, the Aussiedler’ have been

statistics. regard to

included in the data. As shown in the table, Switzerland,

immigration

and have share of immigrants their Austria Germany a larger

than USA and also proportionally larger

respective populations a

annual than all the classical immigration countries.

immigration

Even France and the Netherlands have equal larger shares of

an or

immigrants their respective populations than the USA.

among

Thus, with developments, inevitable for Western

present Europe be conceived immigration region from the

to as an perspective

of other regions in the world, notably in Asia and Africa.

The mere fact that fifth of the population in Western Europe will be

soon a foreign-born will continue increase the attractiveness of Europe

to as

immigration region, irrespective of the official attitude of the an European countries with future immigration levels and the

respect to

actual possibilities to stem increasing migratory

pressures.

The structure of immigration

A question which naturally arises in this the rationale of

context

immigration such, i.e. what the of present-day immigra-

as purpose

tion from the perspective of concerned Immigration,

states as seen

from Western European perspective, has changed from essentially

a being demand-driven during the 1950’s and 1960’s the

e.

requirements of Northern labour markets becoming supply-

to driven since the 1970’s migratory from South and

e. pressures, East, national borders. Therefore, the issue of the selection of

on

migrants in harmony with overall national development objectives bound gain increasing political importance in Western Europe.

to From the beginning the transatlantic countries have made of

very use

nation-building instrument. They formulated in

immigration as a

advance certain criteria with view achieve desirable level and

a to a

of in accordance with the overall interests of

structure immigration,

the nation. The geographical isolation, characteristic of all the three

a

countries, has obviously facilitated this approach surrounded overseas

and land borders they are. The European

water a scarce as countries, the other hand, given their smaller size, the complex system

on of external frontiers and number of political factors, have not been

a

the asylum instrument has become in position establish long—term immigration policy objectives

a to . . . a major channel for permanent since the cessation of the guest-workers epoch in the mid —1970’s. immigration by non-refugees.

The of annual immigration, the different

structure as concerns

of reflects the policy the lack of policy of

categories immigrants, or

countries with overall immigration Against this

respect to targets.

ICMPD has made preliminary analysis of the background, a

distribution of various categories of immigrants in the actual annual inflows of the selected countries. This the first analysis of its kind. The aim of the has been illustrate the impact of the

analysis to

considerations the composition of immi-

following two policy on gration flows:

i what should immigration be allowed take place

to extent to as

of international humanitarian commitments in

a consequence

national economic and demographic policy

contrast to

objectives

what should immigration be allowed result from ii to extent to

applications the border inside the country spontaneous at or

in the legitimate interest of that immigration

contrast to states takes in orderly fashion, according rules established

place an to

beforehand

In the table below 5, which summarizes the

compiling table

situation in 1991, labour immigration has been defined immigration

as which has occurred the basis of labour permit issued before entry

on a

least and immigration of foreign labour within the

for at one year as

framework of the free EU and Nordic labour circulation

zones.

Family reunion immigration has been defined immigration taking

as

the basis of residence issued kin of resident in

place on a permit to a

the The immigrant labelled entry right ethnic

country. category on

refers the Aussiedler in Germany, and similar

grounds to to

allowed France, the Netherlands and United groups to immigrate to

Kingdom due colonial obligations. In the of Finland the

to case

in question consists of Finns arriving from the former category Soviet Union. The organized refugee transfer

category concerns

refugee immigration occurring through selection and transfer from

refugee in other countries. In the spontaneous

camps category

asylum-seekers, includes from former Yugoslavia who

persons

have not formally applied for asylum, but whom resi-

to temporary dence permits have been issued.

As from the table, approximately 40 of total

emerges per cent annual immigration West European countries in 1991

to were

asylum—seekers apart from France and UK where this spontaneous

proportion considerably lower. In countries, for example

was some in Denmark, asylum—seekers accounted for 50 of total

over per cent inflows. In Sweden this accounted for much 75

category as as per cent of total immigration in 1992. The asylum system established

was during the 1950’s in Western Europe in conformity with international commitments embodied in the 1951 refugee Convention. However,

the proportion of asylum—seekers who have been granted refugee

status in accordance with the Convention amounted only 6

to per cent in Western Europe in 1991 and in addition 20

some per cent were granted humanitarian status. As mentioned earlier, approximately 80

cent of the asylum rejectees remain in the country within which per they have applied. This implies that the asylum instrument,

as seen

Table The composition immigration foreigners in 1991 according to grounds residence %

for

Labour Family Entry right Organized Spontaneous Total

on

reunion ethnic grounds refugee transfer asylum—seekers

from general European perspective, in fact has become major

a now a

channel for permanent immigration by non-refugees war-displaced from former Yugoslavia included.

not

On the other hand, transfer of pre-selected refugees,

quota

following national considerations refugee policy priorities, play

on a subordinate role in Western European Only in Finland and

states. Norway do transfers of refugees for 6-7 of

quota account per cent total annual immigration compared to 10-11 cent in the

as per transatlantic In other European countries, the transfer

states. quota

of refugees for only 2-3 of total immigration.

accounts per cent

Concomitantly, asylum flows relatively speaking of

spontaneous are

smaller magnitude in the transatlantic countries than in Europe. In a

short, this implies that refugee policy objectives reflected in

are more the total inflows the classical immigration nations than to the

to European countries.

applies for family reunions. Family reunion policies

The same

substantial impact the ‘composition of inflows the have a on to transatlantic and less in the of European states. However,

states so case the family reunion share of total immigration to West European

be the increase. Presently, family reunion accounts states seems to on for fourth of total immigration European but for

one to states one half of immigration the However, the family

to overseas states. reunion share of inflows Sweden and United Kingdom of the

to

magnitude in the classical immigration

same as states.

Labour immigration roughly plays the role in inflows to

same West European countries the transatlantic countries, amount-

as e.

approximately one—third of total immigration. Amongst the ing to

European countries there however large differences. The labour

are

demand of the Norwegian oil industry has led high proportion

to a of labour immigration 29 cent in that country. In Germany

per labour immigration surprisingly low 20 cent. This results

per

from the amazingly high proportion of asylum-seekers and of

Germans from Eastern Europe nearly 65 of total inflows.

per cent In absolute however, labour immigration to Germany

terms, substantial. The extremely high proportion of labour in the immigration flows Austria in 1991 the of recent

to consequence

policy reforms. During large number of immi-

immigration 1991, a

with unclear granted work permits part of grants status were as a cleansing operation, in view of the into force of the

up entry new control In 1993, estimated that the proportion of

system. was labour immigration in Austria amounted only about 25 cent,

to per

i.e. the normal European proportion. The extremely low proportion

of labour inflows Sweden noteworthy. to

Utilization of immigration planning levels

Taking into the fact that the size of total annual immigration account flows individual European countries still fairly predictable to on the experience of the last decade, and taking into future account

migratory the issue of long—term immigration planning

pressures, has been raised in several European countries. As from the emerges overviews, annual planning systems since decades applied country are in the immigration For example, Canada has decided overseas states. that annual immigration should exceed 250,000 during the period not 1992-1995; Australia 80,000 for 1992-1993, and USA 840,000 for

1993. long-term planning system would The behind notions long—term planning . . . reasoning recent on contribute to a positive attitude among

in European states that migration might be controlled

systems better the domestic population with regard to

and also better adapted the policy objectives of each

the immigration issue to country, including its ultimate receiving capacity, the desired volume of the intake of each would be considered beforehand by the category Government and the Parliament of each has, country. moreover,

been suggested that long—term planning system, with sub—quotasfor

various categories, would contribute positive attitude the to a among domestic population with regard the immigration issue. In all the to

proposals annual planning where they exist, notably in

on systems, Germany, Switzerland, Austria and Sweden, has been strongly underlined that ceiling could be established beforehand for no mass arrivals of who deserve protection, result of unforeseen persons as a situations of conflict.

To what has long—term planning of annual immigration

extent had impact Government action in Europe In actual fact, an on recent the Austrian for the distribution of first—time residence new system permits newly arrived which has been mentioned in the to entrants, overviews, based such planning model. The annual country on a number of first—time residence permits issued to various categories in Austria since 1993 dependent number of factors, such the was on a as labour needs in the regions of reception, the housing situation etc. The overall 28,000 places for 1994, well the sub—quotas, quota as as discussed in fashion by representatives of trade are a corporate

unions, employers, regions, municipalities, economic research expert-

ise etc. Thereafter the quota proposals submitted to Government are Parliament for decision. The planning model based and then to on

the experiences of the Kontingentesystem for recruited labour

which applied in earlier decades in Austria. was The planning applied in Switzerland determine the system to size of the intake of and seasonal workers in temporary some way resembles that of Austria. In 1989, Inter-Ministerial Working an Group, appointed by the Swiss Government, proposed the establishment of overall immigration planning system, with suban

for various categories. A proposal comprehensive long-

quotas on a Swiss migration policy, of elaborate character, has term a more

recently been presented the Swiss Government by special

to a Commissioner. A similar proposal made by Swedish Interwas a Ministerial Working Party in 1990. The Swiss and the Swedish proposals, in have much in with number of reports turn, common a prepared in Germany during the last Thus, the issue of annual year.

ceiling for all categories of migrants has played

targets Quoten important role in the German domestic debate migration issues an on in recent times. As of fact, the decision of the German Government to a matter annual ceiling for the of Aussiedler not than set an entry more 225,000 annually, in spite of constitutional obligations vis-a-vis this

example of the application of such quota-models.

group, an Furthermore, the establishment of various forms of programmes Germany for the intake of labour with precise numerical temporary from the reform countries in Central and Eastern Europe,

units

constitutes form of pre-planned intake. However, given that a

Germany in position officiallyproclaim itself immigration

not a to an

spite of heavy factual inflows of foreigners, be

country in not to expected that Germany the future would embark near upon a such those suggested in the Swiss and the Swedish reports, system as by certain independent German bodies. Moreover, long~term or any

immigration planning approaches by European states would

have be counteracted by heavy emphasis entry control nature to a on well for the efficient repatriation of undesirable as as on programmes aliens. The basic idea in the 1992 Austrian proposal European on a Migration Convention, which has been noted interesting foras an mula for further discussions, that European states should suggests spirit of good neighbourly relations estimated annual a announce immigration levels in advance, to facilitate the harmonization so as policy objectives and avoid uncontrolled flows between countries.

Existing control mechanisms

Since European countries do dispose of general systems

not yet any for the desirable level and composition of immigration, to

targeting

combat undesirable and uncontrolled inflows, they have to resort to

and traditional control mechanisms. The basis of this

existing entry

control established already in the 1920’s before the First

system was World War few European countries had introduced legislation

on

control measures. This traditional European immigration pre-entry control has then developed in the last decades. basically

system consists of the following classical control instruments: entry visa,

residence before after labour permit insofar the

permit or entry, as

labour does automatically follow from the residence

permit not

rejection the border expulsion after unlawful residence

permit, at or

in the In addition, special control mechanisms aiming at

country.

combating illegal migration have also been introduced, particularly

since the mid -1970’s, such sanctions against carriers transporting

as

without appropriate permits well sanctions the mid -1980s, high degree foreigners entry as as since a of harmonization terms of utilizing against employers hiring illegal labour etc.

these classical entry control In the mid -1970’s, when the policies of immigration

present instruments has been achieved all

introduced all Western Europe, the practical

restrictions were over

over Western Europe. application of the classical control instruments differed

entry

between European However, since the mid

substantially states. -

1980’s, degree of harmonization in of utilizing these

a high terms

classical control instruments has been achieved all Western

entry over

In certain de facto harmonization of policies Europe. turn, a entry also takes between and the transatlantic This

place Europe states.

harmonization has about result of systematic

process not come as a efforts the international level, but rather through bilateral and

at informal exchanges of experiences and information between Govern-

Nevertheless, the degree of harmonization of control ments. entry

mechanisms which thus has been reached between European states

and the be taken from informal formal har-

impressive, step to to

monization of and asylum policies does to be

entry not seem

insurmountable. Recent with regards the present EU co-

progress to

of preliminary promising indication. operation, although a nature, a

In order illustrate, in simple the degree of factual

to a manner, harmonization of policies which already has materialized

entry between European and between them and the classical overseas

states,

few control items have been highlighted in the

immigration states, a

of this study. In table 6 below, the of visa context convergence

illustrated the of Romania, which has been selected

policies case

random. Romania substantial irregular of at generates movements a basically non-refugee character. All the studied countries have

introduced entry visa requirements for Romanian citizens. Moreover, the transit visa instrument previously seldom utilized and then was only few countries. A transit visa requirement implies that a an

airline through European to his final destination,

passenger a state requested to be in possession of transit visa for the European State a where he has to change plane already before embarking the aircraft in the country of origin. By 8 of the examined 13 have now, states

decided general transit visa requirements the possibility

on or on to

later introduce such requirements. Others studying the feasibility

are

of doing

so. Furthermore, all examined countries have since long introduced various requirements that residence permits should be applied for

and obtained through Embassies before entering the country of destination. Moreover, all of the examined countries with the exception of Sweden have will introduce laws sanction or soon to

carriers transporting aliens not being in possession of the required

documents. Sweden has, however, recently decided entry on new laws which makes possible confiscate and boats transporting to cars

Table Utilization various entry control instruments

Sanctions Visa requirement Transit Residence against Sanctions for citizens of visa permit required transport against Romania requirement before entry companies employers

Australia x x x x Austria x x x x Canada x x x x x Denmark x x x x

Finland x x x x France x x x x x Germany x x x x x Netherlands x x x x x Norway x x x x Sweden x x x x Switzerland x x x x x

United Kingdom x

x x x USA x x x x

undocumented aliens. Finally, all the studied countries but Australia and UK have introduced sanctions against employers hiring

now foreign workers illegally USA being the latest country to do so. To

conclude, high degree of similarity in entry instruments has already

a been achieved table 6.

see

Visa policies

As mentioned above, there already by high degree of

now a harmonization of visa policies between Western European states. Visa policies of State vis-â-Vis another State follows from the

a consideration of variety of factors: historical links, foreign policy

a

commercial relations, the magnitude and of movements aspects, nature between the countries However, obvious that the

two etc. seems latter factor has increasingly gained in importance in recent years. In fact, has become preponderant in the deliberations of

EU states on joint visa requirements with nationals of third countries.

respect to

The joint visa requirement list of the EU which

states, was established 1993, imposes visa obligations with the

entry respect to citizens of 73 of the 183 non-EU Since the into force of

states. entry the Maastricht Treaty, visa policy matter of Community

a

The European Commission in December 1993 therefore competence. launched proposal visa requirement list which

a on a covers as many

130 and Moreover, substantial The ongoing Western European as non-EU non-EFTA states. a harmonization of visa policies of Visa harmonization has already informally been achieved

. . . degree

tends to converge with those of the between EU and EFTA states. particularly interesting to note classical immigration countries. how quickly the of visa harmonization proceeds

process among Western European With both the old and the

states respect to new nations of Central and Eastern Europe. For instance, all 19 EU and EFTA do apply visa restrictions with Slovenia,

states not respect to 15 of the 19 do apply visa restrictions with respect to

states not Croatia, but of the have introduced visa restrictions

most 19 states

with Bosnia-Herzegovina and rest-Yugoslavia Austria

respect to maintains visa restrictions vis-â-vis Bosnia-Herzegovina and

no Italy has visa restrictions vis-â-Vis the whole of former Yugoslavia.

no

The ongoing Western European harmonization of visa policies implies that the principles behind the visa regime of Western Europe increasingly tends with those of the classical immigration

to converge countries. The latter countries have since applied general entry

ever visa requirements for nationals from earth, with strict

most states on

enforcement regulations implying that visa has be granted

an entry to

through Embassies before departure. However, in recent years,

certain such USA, have introduced overseas immigration states, as

visa policies trial basis for entrants from mainly EU

exemption on a

and EFTA The Western European their part, states. states, on are now

from traditional visa-free regime with exceptions for

moving a problem countries uniform pan-European entry visa regime

to a

for non—problern countries. At point, the with exceptions some

initiation of of harmonization between Western European a process

and the North American visa regime not excluded.

the transit visa instrument mentioned earlier, the transit visa instrument increasingly As increasingly being utilized European utilized in and countries. The introduction

being European overseas

and overseas countries. of this control instrument in Europe follows logically from the

of EU members of the Dublin, Schengen and

ongoing preparations

External Borders Conventions. At the evasion of transit present,

big European airports such Frankfurt Schipol,

passengers at as or

and the subsequent filing of non-founded asylum requests, poses a

significant control problem. Among EU states, France, Germany entry

and the Netherlands have introduced transit visa instrument and the

UK has legislation enabling them introduce transit visa

passed to

time. Among EFTA Austria and Switzerland

regulations any states,

make of transit visa and of the examined

regular use requirements,

countries Australia and Canada. overseas

Residence permit before entry

the effect of the introduction of visa transit visa

Generally, or highly positive from control point of view. requirements an entry

In decisions visa obligations have immediate impact most cases, on an

the volume and of irregular flows. However, the requirement on nature

that residencework should have been obtained before

permits entry,

which introduced in number of European already in the was a states

late 1960’s and 1970’s, be implemented low early seems to to a very

since the 1980’s. has already been mentioned section I that

degree

arrivals of irregular and that only most nowadays are an nature a

small fraction of the intending for than three entrants, to stay more the requirement that residencework

months, in possession of residence and work permits already

permits should have been obtained are or

before entry to be On the the residence permit instrument seems upon entry. contrary, . . . implemented to a very low degree since utilized regulation instru-

actually nowadays not as an immigration

the 1980’s.

but rather post—immigration regularization method, by

ment, as a

of which i.e. qualifying for

way irregular entrants persons not

illegals being granted various personal

asylum or are status on

grounds after considerable Moreover, in Germany and a stay. to a large Switzerland, the residence permit instrument extent

deliberately utilized for the gradual transfer of legally staying

seasonal workers into the foreign work temporary or permanent force. Finally, the residence permit instrument obviously plays an role in facilitating family reunion. However, in the of

important case

family reunion, permits issued after and often after being granted most are entry a irregular entrants are . . . considerable of and intended, status various personal grounds period semi—legalstay not as originally on after a considerable stay. control instrument. as a pre—entry Thus, the residence permit instrument in Western Europe rather method regularize post the of forutilized as a to ex status eigners who have arrived in irregular fashion, and method an not as a

the volume and composition of immigration. This

to steer ex ante development mainly the result of the aforementioned increasing

inflow of non-qualifying asylum-seekers and of illegal Ob-

entrants. viously, countries seek to refrain from describing this deplorable most development in such clear since the description of the terms, mere possibility obtain permanent residence after irregular entry stimuto lates further irregular entries. Indeed, the affairs could present state be characterized vicious circle: the irregular entrants, not as a more returned, the bigger the number of arrivals of irregular entrants. In

other words, the present Western European migration regime

indirectly stimulates the rise of irregular and illegal movements, since such in the long for the individuals concerned. movements run pay

Measures against illegal immigration

Theoretically, there three options available address this are to

regrettable trend, which to be implemented parallelly: i to open

are

regular immigration channels for pre-selected migrants, ii to

up

irregular and illegal entrants efficiently at an early stage

return more

and attack illegal migration and migrant trafficking more

iii to

vigorously. With regard the latter option, both and

to overseas European countries have, indeed, reinforced action during the last ILO has estimated that the total number of aliens working years. illegally in the EUEFTA-area amounted 2.6 million in 1990. to Presently, between 3.5 and 5.5 million foreigners estimated to be are

living illegally in Western Europe, without being registered with the

authorities. Only countries Switzerland and Sweden such as e.g.

with scrupulous population registration systems do to keep

manage the number of illegals low level. at a

Several countries have earlier made of regularization

use

whereby illegal aliens have been invited and programmes, to appear

register with the authorities during special amnesty period,

a

whereupon permits issued, Thus, during the 1980’s, such

were

regularization carried in Italy, Spain, the

programmes were out Netherlands and France regularization in these

the programmes two latter countries carried parallelly in 1981. The Dutch

were out

covered all illegal workers who arrived between January’ programme 197—October 1979. The French indicated in the

programme as

overview resulted in the issuing of permits to 131,000 country

from total estimated number of 400,000 illegal aliens. The persons a USA has made of such regularization several

too use programmes on occasions. Sweden has several times recently in the of

also very case 20,000 asylum-seekers from the Kosovo utilized the one-time

regularization method for asylum—seekers. However, general

a

the long-term effects of these regularization

reassessment on pro-

underway the countries concerned, since they stimulate grammes further irregular arrivals.

The question be discussed what could be taken to T he question to be discussed what to measures measures could be taken to avoid avoid outside the established within

immigration occurring systems,

immigration occurring outside the democratic A

control framework acceptable to Western states. a established systems, within a control

major problem that large portion of the immigrants who arrive

framework acceptable to Western a democratic states. completely lack identity documents have forged docu-

irregularly or The of asylum-seekers arriving to Western

ments. percentage European without documents with forged documents

states or was estimated of 50-60 cent few At present,

to an average per a years ago. the estimated be 70 In the Netherlands 46

average to per cent. per

of all asylum—seekers Schipol airport in 1993 were

cent at undocumented. In Germany the proportion 60-70 the

per cent whole in Norway 47 in 1992, and in United

country, per cent Kingdom 66 per cent in 1993.

Against this background, the majority of the examined countries have made earlier laws illegal with forged documents

on entry or entry

stringent, else have begun to act vigorously to implement

more or more

sanctions against companies transporting without

passengers documents with forged documents. All the investigated countries

or apply this control instrument, apart from Switzerland, which, however, preparing law amendments in this regard. All countries

have also introduced sharpened legislation concerning the

or smuggling of people and have reinforced international police co-

this end within the EU and result of operation to both context as a the BerlinBudapest uncontrolled movements.

process on

In Sweden the under certain circumtransport company can, stances, be obliged for the of the of aliens, to compensate costs return including the travel of guards Moreover, mentioned costs etc. as

earlier, the Swedish legislation has been sharpened fromjanuary 1994 making possible to confiscate of such

means transport as cars or

boats transporting illegal entrants

. Earlier, few countries took finger-prints of asylum-seekers. very

As evident from the forthcoming the functioning of

survey on asylum procedures, nearly all the countries studied have initiated now

obligatory fingerprinting of asylum-seekers. In the combat the illegal employment of foreigners,

1970’s, to a special control instrument initiated in Western European was

countries, namely sanctions against employers hiring foreign labour

without permits. Of the European countries, only the United proper Kingdom does not enforce this control instrument. After long a debate, the USA has since 1986 introduced similar sanctions, Canada also applies such sanctions, but Australia does Australia the not in trade unions exercise similar control. a

Family reunion rules

Entry regulation concerning family reunion of positive nature,

are a

and aim allowing family members oin already settled immigrants.

at to . In accordance with international legislation, close relatives have a

clearly established right to immigrate. However, there binding

are no

international regulations defining who be regarded close

to as a relative. The EU have initiated co-operation harmonize states a to their legislation and practices in this respect. At the meeting of the EU migration Ministers in Denmark in June resolution covering 1993, a non-EES citizens approved the issue. Special rules apply to binding international was on there are no who have been granted Geneva Convention refugee status. regulations defining who to be persons regarded as a close relative. Foreign students and foreign short-term workers also not covered are the resolution. A fundamental principle of the resolution the right of family reunion between and their children. However, spouses

waiting requirement be introduced and forma marriages

a can pro are

not accepted. Polygamy not permitted either only the first wife

and her children covered by the family reunion right in the are case

of polygamous marriages. Moreover, the resolution stipulates

a maximum of 16-18 for children to obtain the right to age years

immigrate family grounds precise limit will later be negotiated

on a age by the EU members. Further, child married has formed a or an

5 140345 65

independent life family, he she allowed immigrate

or a not to on family grounds. In the of other family members, member states

case

free decide according national traditions and practices. are to to

The EU resolution reflects the tightening of family reunion

up rules which have gradually developed Western European states since the mid -1980’s. Thus, countries experiencing heavy inflows, such France, Germany and United Kingdom, have thoroughly

as reviewed their family reunion policies in The changes in

recent years.

France, recently by the 1993 package, are particularly note-

the European countries may have to most revise their family reunion policies worthy, since France has traditionally exercised the most . . . generous to comply with reality. France, but family reunion policy in Europe. However, not only almost all EUEFTA be increasingly of the

states, seem to aware

potential risk of liberal family reunion policies and the resulting pull

factor. This increasingly restrictive attitude with respect to family reunions with the traditionally liberal policies in North

contrasts

America, family reunion given high priority. The question

were a

whether the direction of European policy tenable in the long

run, since large share of the irregular arrivals in fact family members

a are

of settled immigrants. Consequently, the European countries

may have revise their family reunion policies in decade render

to a or so to them liberal and comply with reality.

more to

increasingly difficult present comparative overviews on

to the family reunion rules in the examined European countries.

this issue tends become detailed in character,

Legislation on to very especially with regard family reunion rights for adults, in particular

to

in of marriage. In simple the European national regulations

case terms,

be summarized follows. A general trend the introduction of may as

waiting period, varying between 1-5 before be made a years, use can of the right family reunion. In namely the Netherlands,

to one country,

the notion of reverse waiting period has recently been incorporated

a

the legislation. This implies that the right family reunion has to

to be utilized within period of three after the issuing of

a years a

residence the head of the family. After this permanent permit to

period, the family reunion right will

cease.

In addition, all countries require that the head of the family

under obligation the immigrating family members and

to support that housing conditions acceptable. In these respects,

are two some countries have issued detailed regulations. According to the

new French the head of the family least the

legislation, must earn at

minimum decided the Government. In 1993 local

salary by some

Austrian institutions issued regulations concerning minimum of

a a

10 m2 living prerequisite for family reunion.

area per person as a

The scrutiny of the validity of immigration following

requests marriage has also become thorough. In all countries, conditions more

this regard have been tightened. In the of polygamous

case

marriages only covered by the family reunion principle

one spouse United Kingdom introduced these rules few and France a years ago amended the legislation this direction in 1993. Generally speaking,

the rules governing the right of family reunion following marriage

tend become and detailed in each of the studied to more more countries and international comparison difficult to establish. any The holds for the definition in the national legislation same true of the minors. Here, national traditions and considerations have term heavy impact, by tradition. In most 18 of a cases, years age considered the limit for family reunion. However, in as upper Germany the limit 16 whereas in France 21 for years, years unmarried daughters. Not only has the definition of minors become

all the complex e.g. children from previous marriage,

more a

illegitimate children, children polygamous marriages, adopted

children etc.. In other there increasingly detailed respects too, an

regulation, for example concerning the right to transfer older parents.

The tendency that the limit for such transfers increasing in age for example Denmark the limit has recently been increased from age

60 to 65 years. Simultaneously, there requirement for the head of

a the family to have residence before right of transfer be drawn a can and the duty the family enhanced than upon to support more now

previously. thus, exceptionally hard provide short overview

to a of the current family reunification regulations. The table below aims illustrating few fundamental features, without accounting for at a details and exceptions see table 7. numerous

Residence and citizenship

The items presented far in this comparative section and in the so tables all relate to entry policies in general and instruments to

explicitly geared towards regulating the intake of foreigners. In

addition, all examined countries have of policy instruments, an array

which indirectly contribute in influencing the volume of migration

there are no clear correlations their disposal. Examples of such policy movements, at sectors are between advanced integration

labour market policies, social security, social and housing policies,

policies and the time required to

and policies for the integration of immigrants. Obviously,

obtain a permanent residence permit the opporor the citizenship of the country. tunity obtain resident and the citizenship of the to permanent status

Table Family reunion requirements in European countries

some

General waiting Def. of Marriage Reunion requirements

minors requirement for older relatives

requirement

Austria 1-2 19 husbandwife special grounds years years on of at least 18 years age

Denmark 18 husbandwife 65 of the 5 years years over years age of least 18 head of family has age at years residence least 7 years at

18 only the wife and grandparents

France 2 years son years parents

daughter 50 of

over years age . of 21 years age

Germany 5 16 8 residence on special grounds years years years

of new relations

age

Netherlands reunion shall 18 husbandwife special grounds

years on take place of at least 18 years age within 3 of years age

0-3 18 husbandwife special grounds Norway years years on of least 18 age at years

Sweden 0 20 husbandwife parents over year years of least 18 60 of age at years years age

Switzerland 2-5 18 husbandwife special grounds years years on of at least 21 years age

United 1 18 onl the wife widows over 65 years Kingdom year years of at 16 of age east years age

of age

also constitute factors in determining the size country can important

of flows. and type

In policies for the integration of immigrants greatly general,

differ the examined countries. Of the transatlantic states, amongst Canada introduced policy for the maintenance of at an early stage a

the and the cultural traditions of immigrated In the

languages groups.

1970’s these developments influenced Australia, Sweden,

policy

Denmark and the Netherlands. In USA and United

Norway,

has traditionally rather been the develop ment Kingdom, emphasis on

of harmonious relations, whereas policy in France since decades race

geared towards the full integration of foreigners in F rench-speaking

society. In all countries mentioned, elaborate Government

exist for the integration of immigrants. In Austria, programmes Germany and Switzerland these less advanced, programmes are at least the federal level. at

The important policy instrument in of facilitating the

most terms

integration of immigrants the provision of stable legal and

status the option of citizenship of the country of residence. Among the new countries studied, there clear correlations between advanced are no integration policies and the time required to obtain permanent a residence permit the citizenship of the Thus, countries or country.

with advanced integration policies do necessarily prescribe

e.g. not

low time requirements for obtaining residence permits.

permanent

Permanent residence and citizenship requirements

are summa-

rized in table As all European countries but Sweden emerges, require 2-10 of legal before permanent residence permit years stay a be issued. The liberal countries the Nordic countries, can most are with time requirement of 2-3 and France the a years now most restrictive with The guest-worker countries Germany and 10 years.

Switzerland apply flexible requirements for various categories of

immigrants. The policy of Sweden resembles those of the overseas where residence permit be issued immediately states, apermanent can after scrutiny allowing for settlement. entry

The qualification period for obtaining citizenship between 5

The most important policy instrument terms of facilitating the integration of and 10 in of the examined countries. Switzerland has the years most immigrants the provision of stable legal time 12 with variations in certain most severe requirement years, status and the option of citizenship ot the cantons and has together with Austria and Germany the most new country of residence. difficult and the highest fees. Nonetheless, in recent test system naturalization have increased in Austria and Germany years, rates and reached the 3 level in 1991, in most other examined per cent as France, which together with Sweden has the European states. most

liberal naturalization rules in Europe far the scrutiny of personal as as characteristics concerned, had in spite of this lower naturalization a in 1991 than Germany. However, of all the examined countries rate but Switzerland, USA had the lowest naturalization rate. Indeed, as eight of the studied European had higher naturalization many as states than USA, which illustrates the between rates convergence process

the continents currently underway in the immigration

two area.

Table Permanent residence and naturalization and requirements

Requirement Naturalized

as

Requirement No. naturalized proportion of foreign for permanent residence permit for citizenship in 1991 residents %

Austria 5 10 11,400 2,8 years years Australia 0 2 118,510 4,5 year years Canada 0 3 118,600 9,0 year years Denmark 3 7 5,100 3,1 years years Finland 2 5 0,100 3,3 years years France 10 5 72,200 2,0 years years Germany 5-10 10 141,600 2,7 years years Netherlands 5 5 29,100 4,2 years years Norway 3 7 5,100 3,5 years years Sweden 0 2-5 years 27,700 3,3 year Switzerland S-10 12 years 8,800 0,8 years United Kingdom 5-10 5 years 58,640 3,1 years USA 0 5 308,000 1,3 year years

Repatriation

As from the overviews, after the oil—crisis and the

emerges country dismantlement of the labour recruitment in southern

programmes

countries established contemplated the

Europe, many European or

establishment of large—scalevoluntary repatriation in

programmes the mid —1970’s. France, Germany and the Netherlands in particular

embarked such usually providing travel costs and

upon programmes,

financial plus favourable credit possibilities for the estaba grant

lishment of small enterprises in the of origin. Upon receipt

country of funds, the labour revoked. In the Netherlands, the

permit was formed of larger development project in all

return programme part a major sending countries, aimed at job creation.

However, the effects of these fairly limited in

programmes were

of the number of returning. With the of the terms persons emergence

crisis in the mid -1980’s, the and removal of rejected

asylum return

became priority issue of this section.

asylum—seekers a see next part

Nevertheless, the basis of earlier experiences regards voluntary

on as

countries Germany, the Netherlands and

repatriation, many such as

have entered into co—operation with IOM, which has

Belgium

assisted the voluntary of than 80,000 migrants.

return more

Asylum policies: General Trends

Asylum policies, which for decades played subordinated role in the a Western European entry systems, of primordial importance are now

they provide for the single important channel, although

as most entry this the intention of The overviews show never was states. country that asylum policies and under intense review and reform systems are in all examined countries. As opposed policies, asylum to entry policies and legislation have been analysed in number of internatioa

nal comparative overviews in Therefore, only

recent years. some basic comparative data will be presented here.

During the last 5-7 asylum legislation and practices in

years,

Western Europe have undergone rapid of thorough

a process streamlining and mutual adaptation the international level. The at harmonization efforts of EU initiated in 1986 with the work states, the Dublin convention, have been major factor behind this on a

reinforcing the country of first asylum principle and its

process, implementation. The EU harmonization exercise gradually now

moving towards the streamlining of criteria and of general processing

All the studied European States have requirements. At the time, non—EU have been introduced the possibility to take finger- same states eager to prints of asylum-seekers adapt their systems to those of the EU states, and number of a informal bilateral and multilateral have ensured that the contacts whole EUEFTA region will and harmonize efforts. co—operate The Western European of policy concertation be process can summarized follows. All the studied European states have introas

duced the possibility take finger-prints of asylum—seekers,

to a in the light of the high of arrivals necessary measure percentage without documents. All countries rapid asylnmprocecan resort to

dures manifestly applications and implement the

for unfounded

country first asylum principle and certain of them have decided on third countries. Some countries have further, and safe gone one step introduced the of countries origin. All countries have concept safe

simplified and speeded the process by establishing legal reforms and decentralizing the first instance decision—making render

to more efficient. Countries with than level of appeal striving more one are to introduce simple two—level first and second instance, a system constitutionally feasible. All countries increasing their efforts are to

removal decisions concerning rejectees, others by

enforce among

of detention facilitate deportation. All count—ries have way so as to

allocated impressive administrative, and personnel

financial resources

to the decision—making bodies. Finally, in all countries reception for asylum—seekersduring the processing period have become

facilities

Table Some indications tbe ongoing harmonization asylum procedures

Rapid procedure for Safe country

manif. unfounded Country of first of origin

Fingerprints Detention applications asylum principle principle

Austria x x x x x Denmark x x x x Finland x x x x x France x x x x Germany x x x x x Netherlands x x x x x Norway x x x x Sweden x x x x Switzerland x x x x x United Kingdom x x x x

linked the processing such, with view to increase more to as a

control and safeguard cost-efficiency. The table below

necessary

9 illustrations of the high degree of de facto

table provides

harmonization. Other items covered by the table, explained and

are commented further in the text.

and identity control

Asylum application

The of the examined countries provide for the application

majority

of asylum be filed both outside the country at Embassy etc.,

to an

the border and inside the after entry. Recently, some at country countries Switzerland, Austria and the Netherlands, have

notably introduced rules indicating special authorities which applications

to

be sent for examination. are to

Taking finger-prints of asylum—seekers previously only app-

was

few countries. Today, the drastic increase of asylum—seekers lied in a without documents and the forthcoming application of the Dublin and has made the taking of finger-prints indis-

Schengen agreements

Germany and United Kingdom such rules intro-

pensable in were

duced late in 1993. Many countries have also recently initi-ated

as as

make possible exchange fingerprints and other legislation to to

data of asylum—seekerswith other countries for example

identity

in 1992 and Austriain 1993. This others, Norway among necessary for the of computerized for control of

implementation a system

level and the application of the

asylum-seekers at European to ensure

above-mentioned of first asylum agreements. Many countries

country

already out data exchange.

carry

has been noted that nearly 15 of all the asylum-seekers Many countries have introduced per cent regulations to increase pressure on the in Switzerland and Austria during 1991 had filed applications in both applicant to provide proper identity in countries and that 3,000 of the 1993 applications Germany were data. double.

Other also taken guarantee that the applicant

measures are to

his Many countries e.g. Norway, Denmark states correct identity. and Switzerland have introduced regulations to increase pressure on the identity data. The asylum law of

applicant to provide proper new

Austria makes possible off social assistance to uncooperative

to cut

of hearings. Other countries make cases non—appearance at may use of detention that applicant states the right

prolonged to ensure an identification.

for manifestly unfounded

Rapid procedures

applications

in the majority of the

Nowadays rapid procedures are practised

examined countries. The German legislation also makes such

new

Earlier in the Netherlands and

rapid procedures possible. legislation in United did allow for rapid procedures for manifestly Kingdom not unfounded applications, but introduced in 1993. usually

was

that the rapid procedures should take 5-7 days, but in

prescribed

countries they accomplished in 2-3 days. many are

of the country of first

Implementation asylum principle

This thatan asylum—seeker be back to the

principle implies can sent

where he first arrived, the offer protection. All country country can the examined countries apply this principle since the mid

European

-1980’s. The of asylum principle the of the

country cornerstone Dublin and A few only Denmark,

Schengen agreements. years ago

Austria and Canada had legislation providing for the

Norway,

of the of first asylum principle. However,

application country

Canada still not implementing the legislation, whereas all other examined countries for several have applied the principle in years practice though France the full extent. As result of revisions not to a

of the asylum legislation which took place in Germany, the

Netherlands, United Kingdom and France in 1993, the of country first asylum principle has also been introduced in their legislations. In The country of first asylum principle from the France, evident the country overview, amendments as were the cornerstone the Dublin and approved the Parliament after objections by Constitutional Council Schengen agreements. I had been overcome. The study shows that only Germany and Finland explicitly mention the countries considered safe first countries of first as asylum safe third countries, they named in the German or as are legislation. As mentioned in the overview, all EU and EFTA country and neighbouring Poland and the Czech Republic indicated states are being safe third countries in the German legislation. Other as new European countries, having introduced the of safe third concept

countries their legislation, usually provide general criteria for

assessing whether of first asylum be considered a country to as a safe Austria, for instance, has included clause in its country or not. a asylum law which stipulates that all countries which apply the new 1951 Geneva Convention be considered safe first countries are to as of asylum. Some other European countries have indicated certain criteria in Government bills such the signature of number of as a relevant international instruments consider third to a country as safe, and which asylum applicants could be back The to sent to. new Dutch legislation safe third countries, which under consideration on

however, similar the German and provides for the mentioning

to one of specific safe third countries.

The safe country of origin principle

In order facilitate the scrutiny of manifestly unfounded asylum to claims either in the rapid procedure in the regular first instance or procedure, countries have recently introduced the concept of two safe countries of origin in their asylum legislation: Switzerland in 1990 and Germany in 1992. As mentioned, Netherlands preparing

legislation similar the German In its asylum law of 1992,

a to one. new Austria has included general clause which stipulates that asylum a

shall be granted the applicant already be considered enjoy

not can to

protection in another The following explicitly

country. are men-

tioned in the Swiss and the German laws safe countries of origin:

as

Albania only Switzerland, Bulgaria, Czech Republic, Gambia,

Ghana, Hungary, India only Switzerland, Poland, Romania,

Senegal and Slovak Republic. In Switzerland, continuous review of

a the list takes place, with the aim of introducing further countries. The decision exclude include in the list taken by the

to or a country Federal Government. From the formal point of view, the

same procedure for making changes in the list also valid Germany. However, the safe list the result of intricate discussions

as country was between all major political parties in connection with the German 1993 asylum decision, will presumably be difficult make

more to changes in the German list in flexible

a manner.

Other Western European countries do indicate precise criteria

not

facilitate the in theiasylum by defining whether to assessment process

of origin safe of not. However, inquiries made amongst a country Western European countries general in this regard

on assessments

confirms high degree of conformity. Nevertheless, countries

a some e.g. officially advocate against the utilization of the concept

France

of safe countries of origin, since mutatis mutandis all countries not mentioned in safe list could be claimed to be non-safe.

a country

Existing asylum criteria

In the preface of this has already been underlined that does

survey,

provide detailed information legislative developments,

not aim to on

indicating policy trends. The asylum and refugee legislation of

but at countries has been dealt with in detail in number of comparative

a studies. Hence, only of policy trends will be provided

a summary here. all the examined countries have the included the criteria of

All the examined countries have refugee same fundamental legal basis tor the the 1951 Geneva Convention in their national legislation, either granting of refugee status re~

the Convention incorporating the wording of the

ferring to or

Convention criteria without explicitly referring the Convention.

to Thus, all the examined countries have the fundamental legal

same basis for the of refugee However be noted that

granting status. must

only few countries accord the right to asylum to applicants, complying

with the criteria, in their legislation. This fully in accordance with

international law.

the l970’s, in addition the refugee inherent in

During to concept the 1951 Convention, European countries introduced the

many

of de facto refugees in their respective national legislation

concept e.g. refugees from violence, draft resisters and others who do not all the requirements of the Geneva Convention. Following the meet increase of applicants qualifying the criteria of de facto refugees and also of applicants in need of protection at all, states reverted no some

the previous legislation e.g. the Netherlands did in 1988.

to so Presently, only four of all the countries covered by the still survey maintain the of de facto refugees their legislation Denmark, concept Finland, Sweden and Switzerland. However, all the examined

countries have gradually developed legislation which makes possible

residence non—Convention special humanitarian to grant to cases on grounds. In countries, such Austria, the Netherlands, Norway, some as Sweden and Switzerland, such humanitarian status has been explicitly codified in the legislation, whereas other countries make of use special clauses allow belonging this category to stay to persons to

temporarily for instance Germany and United Kingdom.

The of affairs concerning the inclusion of the three present state criteria Convention, de facto and humanitarian special status

status in the respective national legislations shown in

temporary the table below table 10. Brackets imply that the respective

see

legislation does explicitly provide for humanitarian but

not status, that other corresponding instruments for special or temporary status

be applied in in Germany Duldung, in United

can some cases

Kingdom exceptional leave to remain etc.

Table 10. Types status incorporated in national legislation

Humanitarian or Convention De facto-status similar status status

Austria x Australia x Canada x Denmark x x Finland x x France X Germany X Netherlands x Norway Sweden Switzerland

United Kingdom

USA

War victims from former Yugoslavia

The arrivals of 540,000 citizens of Bosnia—Herzegovina, since the outbreak of in 1992, to Western European countries, constitutes

war

the biggest European refugee flow since the Hungarian uprising in

1956. These arrivals contributed the of

recent to emergence a new

form of European refugee status, namely TPS temporary protected

status. These legal did previously exist. All EU

arrangements not

with the exception of Greece and EFTA states have states most now introduced the their respective legislations. The TPS

TPS concept regulations imply that the national authorities review the situation in

Bosnia—Herzegovina six months and, prolong the

every necessary,

for the whole of citizens of Bosnia—Herzegovina for status category another period of six months depending the development of the

on situation. Those granted TPS registered in traditional asylum

are not procedures, only appearing there for short time. Austria

or are a 1993, Denmark 1992, Finland 1992, Netherlands 1993 and most recently Sweden April 1994 have also introduced this special

and in France and Germany the regional authorities have concept, been vested with the decide TPS. However, the

power to on new

Swedish legislation in principle applicable for the victims

not war from Bosnia—Herzegovina who already have arrived.

This special protection system, constituting European

a new

for from the European region deserving

arrangement persons protection, countries geared towards from Bosnia-

in most persons Herzegovina. Applicants from Kosovo total of 550,000 since

e.g. a 1985 be found in the traditional asylum and about 80

are to systems

of the applicants from Kosovo have been finally rejected, of per cent which have returned have been removed their home

many or to

region.

Totally about 950,000 from the territory of former

persons Yugoslavia have arrived to the examined states in Western Europe since the outbreak of aggression Croatia in 1991 of whom 460,000

on

, have been registered in the asylum system and the rest provided

were with rejected. Since 1991, 90 of all

temporary status or were per cent

who left former Yugoslavia arrived the following four persons to

countries: Germany 550,000, Sweden 112,000, Austria 105,000,

and Switzerland 83,000. The table below gives overview of the

an situation table 11.

Table 11. Data arrivals from former Yugoslavia since 1991 on

Of which citizens No. arrivals from of Bosnia-

ex- Yugoslavia since 1991 Herzegovina Temporary protected status TPS

Asylum- Others

seekers

Austria 15,000 90,000 70,000 Status prolonged June-Dec. 1994 Denmark 18,000 1,000 15,000 Nov. 1992, decisions each

new

six month Finland 2,000 0,500 1,000 No TPS, but humanitarian status 6,000 23,000 15,000 The Prefet issue six months France can

visas

270,000 330,000 The Länder decide TPS Germany 283,000 may on Netherlands 9,000 15,000 TPS since August 1992, valid until 16,000

January 1995

1,500 9,000 TPS basis of rules for Norway 16,000 on current

humanitarian status Sweden 111,000 1,000 43,000 TPS law adopted 1994, not applied Switzerland 32,000 51,000 35,000 Status prolonged until April 1995 United 8,000 13,000 5,000 Only for ex-detainees, medical cases

Kingdom

507,000 460,000 538,000

Processing time for asylum applications

extensive investments staff and administrative and

Following on

reform, well computerisation, of the examined legal as as most countries have been able decrease the time required

to to process

applications in the first instance from approximately 10

asylum

months in 1989 of 7-8 months. takes 1 month

to apresent average in the Netherlands and Austria, 4 months in France and Denmark, 6 in Switzerland and 12 months in Germany from 24 months in

1939}

Approximately 75-80 of all the first instance decisions

per cent

in the examined European countries. Earlier, the

are appealed against

time for the second instance processing than average was more one

but presently 11 months in Germany, 8 in the Netherlands, year,

in Denmark, France and Switzerland, and only 2 months in 6 Austria.

Right to work for asylum-seekers

Since the total waiting times still considerable in countries,

are many the debate whether appropriate from humanitarian, labour

on

market and migration control aspects to allow asylum-seekers to

work regularly arises. As of fact, countries have

a matter many recently reintroduced the right work, the waiting time has

to as tended increase. Presently, asylum-seekers allowed to work in

to are the following countries, under certain conditions: Germany after 3 months German EU citizen available for the job, Switzerland

no or after 6 months, but only there local labour available, Finland

no

and Norway after 4 months, Sweden the processing expected

take than 4 months and the Netherlands, but only to to more a limited degree. Canada introduced in early 1994 the right for asylum-

seekers work during the procedure.

to

The possibility for asylum-seekers to work recently revoked

was in France. There right work in Denmark and in the majority

no to of the Southern European immigration countries.

End results of asylum processing

Paradoxically, the traditional European asylum established

system,

the l950’s, capable of catering for the European refugees of

not

today, in the of the victims of Bosnia-Herzegovina. This

as case war

due inflexible institutional with regard massive

to response to

of protection—deserving and the overburden of movements persons

the system with non-protection-deserving applicants. Today, only a

fraction of formal asylum applicants in the examined European countries found the criteria of the 1951 Geneva Convention,

are to meet

after full and fair asylum procedures.

Today, fraction formal asylum In 1992, the following recognition Convention status only a rates applicants the examined European recorded in of the which covered this were some states are by survey: countries are found to meet the criteria Australia 4,3 cent, Austria 12,5 cent, Germany 4,3 per cent, of the 1951 Geneva Convention, after per per Netherlands 9,5 Norway 3,5 Sweden 5,0 cent, full and fair asylum procedures. per cent, per cent, per Switzerland 4,5 and United Kingdom 3,0 Only

per cent per cent. France 29,0 cent and Canada 57,0 cent registered high

per per recognition The high in France the result of

rates. rate a pre-

selection procedure, consisting of the deduction of manifestly

unfounded applications from the official asylum statistics. In most other countries, however, manifestly unfounded asylum applications

also included in the asylum statistics. are

A general downward trend regarding the recognition

rate according the Convention characteristic for developments

to during the last in the examined countries. However, entries

ten years

in the asylum procedure of applicants from former Yugoslavia i.e.

mainly non-Bosnians from 1991 onwards has contributadto slight

a increase of recognition according the Convention countries

rates to concerned. Characteristically, de facto and humanitarian status

display downward trend the with the recognition rates a over yezrs,

exception of applicants from the Republics of former Yugoslavia

only since 1991 and notably citizens of Sri Lanka, Somalia, Iraq and

Iran.

Hence, the majority of asylum applicants have hc: negative

to asylum decisions after full and fair procedures, from Iranians,

apart Iraqis and few other Thus, in 1992 the rejection rate after

a groups. full procedures the of, for instance, Ghaneans 79per cent

case was in Canada, 93 in Germany and 98 United

per cent per cent n Kingdom. In 1992, the rejection rate of Romanians per cent

was in Germany, 92 in UnitediKingdom and much 99

per cent as as per

in Denmark and 100 in Norway. cent per cent

Removal and readmission

As mentioned earlier, about 80 of asylum-seekers whose

per cent

remained when the applicationshave been

applications were rejected

turned down illegally in the moved neighbouring

country, or to a

file application. The introduction of stricer asylum country to a new practices in number of European states in recent years hasprobably

a

led increase the voluntary the countryof origin.

to an returns to Thus, in of the examined countries, efforts inzreasingly

many are

being made that returns take place, necessariy also by

to ensure

of directly the country of origin. For irstance, in way escort to about 80 per cent of asylum-seekers Germany the number of escorted removals of asylum rejzctees has whose applications were rejected increased from 3,300 in 10,800 1992. Other courtries have remained when the applications have 1989 to

been turned down illegally the country, also improved the efficiency of their in ensuring thcnecessary

systems or moved to a neighbouring country to of In the Netherlands escortd

return asylum rejectees. returns

file a new application. increased from 2,700 in 7,500 in 1992 and in Switzerand from

1990 to

900 in 1989 2,300 in 1992.

to

In all the examined countries, asylum rejectees bedetained,

can

removal. Usually, the respective national legislatans allow pending

for detainment of 2-4 days following decisions admnistrative

a on

grounds. A decision normally required for longer detainment

court a

period. In such detainment of asylum rejectees be permitted

cases can between 10 days France and 12 months maximum time for

as to

detainment of asylum rejectees in Belgium, Canada, Denmark and Germany. A problem which has been growing the non—willingness of

countries of first asylum and countries of origin allow for the to readmission of in particularly undocumented, who persons, once residing in transiting these countries. Hence, considerable were or efforts carried out with view conclude readmission are a to agreements, in particular with and between countries in Central and Eastern Europe. Whereas there existed total of about 15 such readmission a agreements between European in 1985, the number of already states signed bilateral readmission about 65 and agreements now an additional under negotiation. The between the 15 are agreement Schengen members and Poland, signed in 1991 still the only example of multilateral readmission a agreement.

Government costs for asylum Costs the

for asylum system

processing and social reception of asylum-seekers could be estimated In this the of and

survey, present malfunctioning asylum policies

to US $ 11,6 billion. -Their total - - procedures has been alluded in several The

to paragraphs. asylum

contributions to UNHCR 1992 system has in fact, mentioned, become the single main amounted to US $ 670 million. as entry channel for non-refugees, against all intentions of Moreover, states.

the processing of applications and the reception of asylum-seekers

Government funds. Unfortunately, there consume enormous no

elaborate comparative analysis of the of asylum in

costs systems

European states. ICMPD currently preparing detailed

a com-

parative study this topic.

on

In this processing for the handling of

context, costs cover costs applications in the first instance and appeal instance 700,000 new new applications in 1993 in OECD states, well of the backlogs as as of applications from previous estimated be 1.200,000 in the years to OECD states in 1993. Salary costs for staff involved in the filing and

examination of asylum applications examples of processing

are expenditure: the total number of eligibility staff has increased the West European countries from 800 1985 8,500 in 1993, and there to have been considerable increases in the OECD overseas states as well. Moreover, processing also refer administrative costs to equipment infrastructure, computers etc. well to legal assistance as as

6 I4-0845 81

and removal The total asylum processing costs for all the

costs. examined countries taken together could be estimated to be at the level of US $ 470 million in 1993.

Costs for the reception of asylum—seekersrefer to Governmentsponsored for the provision of social assistance and for

programmes accommodation during the processing. These in all the

costs were examined taken together, estimated to be at the level of about

states, US $ 11,1 billion in 1993. The annual reception cost for

average an asylum—seeker in Western Europe about US $ 15,000,

amounts to with big variations from US$ 1 1,200 in Germany

country to country but US $ 19,000 in Sweden.

In 1993, in all countries studied, Government costs for asylum

processing and social reception of asylum-seekers could be estimated

be the level of US $ 11,6 billion. In 1992, these countries to at same contributed total of US $ 44,5 billion to development assistance

a according OECDDAC. Their total contributions to UNHCR

to in 1992 amounted US $ 670 million. In other words, their

to contributions UNHCR for the settlement of global refugee

to problems amounted 5,8 of their for outdated

to per cent costs an

asylum mainly catering for the irregular inflow of

system, non-

protection-deserving migrants. And their costs for this system

corresponds 26,1 i.e. fourth of what they disburse

to per cent one

ODA, others rectify global economic and social as among to imbalances which give rise flows, bound increase in the

to mass to future.

IV.

CONCLUDING ASSESSMENT

The original of this provide Simplified

purpose survey was to a

comparative overview facilitate ongoing policy in

to an reassessment Sweden. However, emerged that the of the might contents survey also be of interest in wider international a context. The dealt with the following fundamental questions. Will survey the entry control and asylum systems of Western Europe, established they in the 1920’s and the 1950’s, be able function efficientas were to in world where of people potentially bound a mass movements are to increase To what extent have Western European nations already harmonized their and asylum in view of the European entry systems,

political integration process Has immigration to Western Europe

already started not What the size and of to grow or structure

immigration into Western Europe in comparison with traditional

immigration states And what the ultimate role and overseas

of immigration into Europe today, from the

purpose as seen per-

spective of states

Hence, the does not deal with policies and in survey measures

Western Europe with view population displacements

a to prevent

from occurring in regions of origin, by of political, humani-

e.g. way tarian military action, development assistance, trade liberalization or etc; neither does deal with refugee and humanitarian policies at

large, from Western European perspective, aiming at provid-

as seen a ing protection and lessen human suffering. Finally, also does not address the issue of how Western Governments have presently

organized themselves multilaterally, and how they should ideally

organize themselves in the future, achieve balanced blend of well to a

targeted policies and efficient joint action cf.

annex Clearly, the two of Government action, i.e. heavier entry areas

control view of growing migratory and efficient preventive

pressures action avoid from occurring, closely interlinked. to movements are The less there of the latter, the of the former. However, more that this balancing exercise will have be carried seems to out more

energetically than hitherto. The appropriate mix between passive and

active immigration policies would also have be restored avoid

to to future influx problems significant scale.

at a

The major findings of this namely that the balance

survey are

between active and passive Western European immigration policies

disappeared after the fictitious immigration halt of the mid -1970’s.

The balance between active and passive refugee policies also

was discontinued after the massive arrivals of non—deserving asylum applicants by the mid -1980’s. Therefore, twofold of long-

a process

policy restoration would have be initiated urgently far term to as as the Western European countries concerned, since migratory

are

national borders anyhow will increase substantially. pressures on

Efficient and internationally harmonized border control policies

irregular and illegal flows, rapid removals

are necessary to stem as are

the home countries. More could definitely be done, international to

in these However, control policies will be

co-operation, respects. not

sufficient the world of without certain notions the

tomorrow on

and of immigration for the development of sovereign meaning purpose

nations, from their perspectives and national prerogatives.

as seen own

The data presented in the which have prompted these

survey, tentative conclusions, could be summarized follows:

as

Since the mid -1980’s, annual immigration to Western Europe —

show consistent rise, and these migratory

seems to a pressures

be expected to decrease the coming decades, given

cannot

regional and global change during the last eight alone, total

years

actual immigration Western Europe has increased from 1

gross to

3 million i

to annually;

Moreover, the share of total actual immigration to Western Europe —

which of irregular non-pre-selected character tends

an to

increase each increase from 20 nearly 50 of

year an to per cent

total annual immigration only during the last eight years;

On the other hand, family reunion for stable

seems to account a —

share of 25-30 of total immigration to Western Europe,

per cent

in spite of increasingly stricter family reunion policies, whereas

the labour share of total inflows, proportionately, the

on

decrease result of the above-mentioned drastic increase of

as a

arrivals basically non—deserving asylum-seekers and irregular of illegal aliens;

Moreover, that the bulk of irregular flows consists of —— seems

family and labour oriented immigration, and that these flows

are

bound continued the borders of all examined

to exert pressures on

countries in the notwithstanding stricter entry

years to come,

control and efficient anti-trafficking measures; be noted that total real immigration Western must gross to Europe twice large, in absolute terms, total real imminow as as gration to USA, Canada and Australia taken together. In addition, European countries experience inflows which many are

significantly bigger than those of individual immigration

overseas countries, and they also have larger share of foreign—born; a A conclusion be made for Western European therefore to states

that they, nolens volens, will have adapt higher immigration

to to levels and that they therefore should be equally concerned of whom they would like to receive whom they would not like to as receive; At the time, there clear trend of policy in same a convergence terms of the management of irregular flows between Western Europe and North America, in particular with regard to the for— mation of entry visa regimes and the emphasis removals in both on

continents;

In Western Europe, the informal harmonization of entry policies

already far-reaching, and could hopefully have dampening

a

effect irregular arrivals: the joint visa regime under development,

on the introduction of transit visas and carrier sanctions important are

in this direction, the increasing co-operation combat

steps as to

migrant trafficking; Also regards asylum policies, high degree of informal

as a very harmonization has been achieved notably in recent years, as a result of stringent application of the of first a more country

asylum principle, based comparable for the rapid

upon systems examination of manifestly unfounded applications, and also as a result of the administrative streamlining of asylum systems,

including heavy emphasis removals of rejectees;

a more on

Finally, the shows evidence for the diminishing impact of

survey active refugee and humanitarian policies the total inflows. on

Apart from the positive development of parallell and efficient

a for the protection of victims from former system temporary war

Yugoslavia, refugee intake by of pre—selection for

way accounts only 3-6 of total immigration Western European percent to states. The contributions to UNHCR of all examined countries for active global refugee aid corresponds to 5,8 cent of their per total for asylum which have developed into major costs systems a

entry channel for non-pre—selected immigrants. Costs for the asylum correspond fourth of the total

entry systems turn to one contributions development assistance of examined to states.

Annex I

OVERVIEW OF RELEVANT INTER-GOVERNMENTAL FORA

Current meeting No. of artici-

states Fora Areas frequency per . . activities.

year pating in

UNHCR Excom, Refugee affairs 8-10 90 Sub-Committee

on Protection and meetings

former Yugoslavia

on IOM Council, Executive Migration affairs 4-6 83 Committee and specialized seminars Informal consultations Asylum and 15-20 16 IGC migration affairs ILO Labour migration, 3-4 166

migration and

development

asylum

and related groups 11. Nordic co-ordination Entry control and 4-5

asylum

group 12. Central European Migration affairs 2-4

Initiative migration group 13. Baltic council Illegal migration 3-4 11

sea

migration group

14. BerlinBudapest Illegal migration 5-10 36

process 15. ECE Statistics 2-4 46 16. CSCE—process Prevention of migration 1-2 53 17. International Centre for Political strategies, 5-10 10-15

Migration Policy East-West co—operation, Development ICMPD multilateral overview,

special projects

Annex

LIST OF SOME AVAILABLE COMPARAIVE STUDIES ON ENTRY AND ASYLUM POLICIES

A. Documents from international organizations

EC Ad hoc Group Immigration, Inventaire matiêre d’asile: on en procédure, Brussels 1991

EC Ad hoc Group Immigration, Compilation of Texts European

on on Practice with Respect Asylum, Brussels 1993 to

Commission of the European Communities, Communication from the Commission to the Council and the European Parliament on the Right of Asylum, Brussels 1991

Commission of the European Communities, Communication from the Commission the Council and the European Parliament to on

Immigration, Brussels 1991

Commission of the European Communities, Communication of the Commission to the Council and the European Parliament on

Immigration, Brussels 1993

Commission of the European Communities, Immigration: the Situation in the EC Member in 1992, Brussels 1992 states

OECDSOPEMI, Trends in International Migration, OECD, Paris 1992

OECDSOPEMI, Trends in International Migration, OECD, Paris 1993

OECD Working Party Migration, Acquisition of Nationality in

on OECD Countries, Paris 1993

OECD Working Party Migration, Comparative Analysis of

on

Regularisation Experience in France, Italy, Spain and the United

states, Paris 1990

Council of Europe, CDMG, Recent Developments in policies relating to migration and migrants, Strasbourg 1993

Inter—Governmental Consultations Asylum, Refugee and on Migration Policies in Europe, North America and Australia,

Asylum Seekers in Western Europe EC and EFTA in 1992 ed. Widgren and M. Bisi, Geneva 1992

Inter—Governmental Consultations Asylum, Refugee and on Migration Policies in Europe, North America and Australia, Overview: Return of rejected Asylum Seekers ed. N. Baruch, Geneva 1992

Inter—Governmental Consultations Asylum, Refugee and on Migration Policies Europe, North America and Australia,

Summary Description of Asylum Procedures in in Europe,

states North America and Australia ed. A.—G. Nielsen, Geneva 1992

updated in 1994

Inter—Governmental Consultations Asylum, Refugee and on

Migration Policies, Statistical analysis of Asylum Applications in

participating states, Geneva, 1994

Humanitarian Issues Working Group of the International Conference

the former Yugoslavia, Survey the Implementation of

on on Temporary Protection, Geneva, 1994

UNHCR, Legal Factsheets Asylum Procedures Western Europe, on Geneva 1993

UNHCR, The State of the World’s Refugees, Geneva, 1993

UNHCR, Populations of UNHCR, A statistical overview, concern to Geneva 1994

B. Other documents Bayerisches Staatsministerium des Innern, Neue Vergleichsstudie zu

Asyl olitik, Asylgewährung und Asylrechtspraxis in Frankreich,

Gro britannien, Danemark und Osterreich, München 1991

Reception for Persons in Need of International Protection, Centre policies Research, Amsterdam 1993

or Migration

Asyl i Norden, Dansk Flygtningehjaelp, Copenhagen 1990

Legal and Social Conditions for Asylum Seekers and Refugees in Selected European Countries, Danish Refugee Council,

Copenhagen 1993

Castles and M. Miller, The Age of Migration International —- Population Movements in the Modern World, London 1993

D.A. Coleman, The World the Move International Migration in

on

1992, United Nations Commission for Europe, Geneva 1993

Collinson, Europe and International Migration, London 1993

Collinson, Beyond borders: West European Migration Policy

towards the 21st Century, London, 1993

K. Hailbronner, Möglichkeiten und Grenzen einer europäischen

Koordinierung des Einreise- und Asylrechts, Baden-Baden 1989

K. Hailbronner ed., Asyl- und Einwanderungsrecht im europäischen

Vergleich, Europäische Rechtsakademie Trier, Köln 1992

K.A. Hamilton ed., Migration and the New Europe, Washington

D.C., 1993

Hawkins, Critical Years in Immigration, Canada and Australia

Compared, Montreal and Kingston 1991

R. E. Immigration and Nationality Policies of Leading Jenks, Migration Nations, Center for Immigration Studies, Washington

R ed.. The New Geography of European Migrations, D.King

London and New York, 1993

D. M. Meissner ed., International Migration Challen in New

es a

Era, The Trilateral Commission, New York, Paris Tokyo 1993

an

Y. Moulier Comparative Analysis of BoutangD. Papademetriou,

and Their Performance, OECD, Paris 1993

Migration Systems

D. North, America’s Immigration Policy: What How

Formed, and What Produces: A Summary for Europeans,

Washington 1993

Salt, Current and Future International Migration Trends Affecting

Europe, Council of Europe, Strasbourg 1992

Salt, Current and FutureInternational Migration Trends in Europe,

Council of Europe, Strasbourg 1993

Salt, A. Hogarth, Europe’s International Migrants, Singleton

London 1994

LIST OF ABBREVIATIONS

BFF Bundesamt für Flüchtlinge, Bern CAHAR The Council of Europe Committee of Experts on

the Legal Aspects of Territorial Asylum, Refugees

and Stateless Persons CDMG The Euro Committee Migration of the can on Council Europe o

CSCE Conference Security and Co—operation in Europe

on ECE United Nations Economic Commission for Europe, Geneva EFTA European Free Trade Association, Geneva EES The European Economic Space the 1991 agreement economic co—operation between EU and EFTA on EU The European Union Eurostat The EU Statistical Office, Luxemburg ICMPD International Centre for Migration Policy

Development, Vienna IGC Intergovernmental Consultations Asylum,

on Refugee and Migration Policies in Europe, North America and Australia, Geneva ILO International Labour Office, Geneva

IND Immigration and Naturalization Department, Haag

INS Immigration and Naturalization Service, Washington D.C. IOM International Organization for Migration, Geneva ODA Official Development Assistance

OECD Organization for Economic Co—operation and

Development, Paris

OECDDAC The Development Assistance Committee of OECD OFPRA Office Français de Protection des Réfugiés et

Apatrides, Paris SIV Swedish Immigration Board Statens Invandrarverk, Norrköping

SOPEMI Systême d’Observation Permanente des Migrations, OECD

UDI The Aliens Directorate Utlendingsdirektoratet,

Oslo UN United Nations UNHCR United Nations High Commissioner for Refugees, Genêve TPS rotected status KL‘-§Gl. IBL. 90 3994-11- O

g;TQc.3EHOLM

v

Statens 1994

offentliga utredningar

Kronologisk förteckning

Ändradansvarsfördelningför denstatliga 35.Vårandes ochandras.

stämma-

statistiken.Fi. Kulturpolitik ochinternationalisering.Ku.

N Kommunerna,Landstingenoch Europa 36.Miljö ochfysisk planering.M. . + Bilagedel.C. 37 Sexualupplysningochreproduktivhälsaunder

. Mänsföreställningaromkvinnor ochChefskap. 1900-taleti Sverige.UD. . Vapenlagenoch EG. Ju. 38.Kvinnor, bamocharbetei Sverige1850-1993.UD. . Kriminalvård och psykiatri. Ju. 39.Gamlaär ungasomblivit äldre.Om solidaritet . Sverigeoch Europa.En samhällsekonomisk mellangenerationerna.Europeiskaäldreåret1993. . konsekvensanalys.Fi. 40.Långsiktigstrålskyddsforslcning.M.

EU, EESochmiljön. M. 41.Ledighetslagstiftningenenöversyn.A. . — Historisktvägval Följdemaför Sverigei utrikes- 42. Statenochtrossamfunden.C. . ochsäkerhetspolitiskthänseendeavattbli, 43.Uppskattadsysselsättning omskattemasbetydelse

respektiveinte bli medlemi Europeiskaunionen.UD. för denprivatatjänstesektom.Fi.

Förnyelseochkontinuitet- omkonstochkultur 44.Folkbokföringsuppgiftemaisamhället.Fi.

i framtiden.Ku. 45. Grundenför livslångtlärande.U.

10.Anslutningtill EU Förslagtill övergripande 46.Sambandetmellansamhällsekonomi,transfereringar

lagstiftning.UD. ochsocialbidrag.

ll. Omkriget kommit... Förberedelser mottagandeför 47.Avvecklingavdenobligatoriskaanslutningen

avmilitärt bistånd1949-1969+ Bilagedel.SB. till Studentkårerochnationer.U.

12.Suveränitetochdemokrati 48. Kunskapför utveckling+ bilagedel.A.

+bilagedelmedexpertuppsatser.UD. 49. Utrikessekretessen.Ju.

JIK-metoden,m.m.Fi. 50.Allemanssparandetenöversyn.Fi.

- Konsumentpolitiki ennytid. C. 51. Minneochbildning. Museemasuppdragoch . Påväg.K. organisation bilagedel.Ku.+

Skoterköming jordbruks-ochskogsmark. 52.Teaternsroller. Ku. . Kartläggningochåtgärdstörslag.M. 53.Mästarbrevför hantverkare.Ku. Års-ochkoncemredovisningenligtEG-direktiv. 54.Utvärderingavpraxisi asylärenden.Ku. . Del ochI II. Ju. 55.Rättentill reformeratbilstöd. S.

ratten- Kvalitet i kommunalverksamhet nationell 56. Ett centrumfor kvinnorsomvåldtagitsoch . uppföljning ochutvärdering.C. misshandlats.S.

Renaroller i biståndet- styrningocharbetsfördelning57.Beskattning fastigheter,delav Principiella

ieneffektiv biståndsförvaltning.UD. utgångspunkterför beskattningavfastigheterm.m.

Reformeratpensionssystem. Fi

Reformeratpensionssystem.BilagaA. 58.6 Juni Nationaldagen.Ju. . Kostnaderochindivideffekter. 59.Vilka vattendragskallskyddas Principeroch

22.Reformeratpensionssystem.BilagaB. forslag.M.

KvinnorsATP ochavtalspensioner. 59. Vilka vattendragskallskyddas Beskrivningarav

23.Förvaltabostäder.Ju. vattenområden.M.

24.Svenskalkoholpolitik enstrategiför framtiden. 60.Särskildaskäl utformningochtillämpningav

- - 25.Svenskalkoholpolitik bakgrundochnuläge.S. 2 kap. 5 §och andrabestämmelseri

- 26.Att förebyggaalkoholproblem.S. utlänningslagen.Ku.

27. Vårdavalkoholmissbrukare. 61.Pantbankernaskreditgivning.N.

28.Kvinnor ochalkohol. 62. Rationaliseradfastighetstaxering,del Fi.

Föräldrar Alkohol. 63.Personnummer integritetocheffektivitet. Ju. 29. Barn- - - 30.Vallagen.Ju. 64.Medrapsi tankarna M.

31. VissamervärdeskattefrågorIII Kultur m.m.Fi. 65.Statistikoch integritet,del 2 Lagom

- - 32. MycketUnderSammaTak. C. personregisterfor officiell statistikm.m. Fi.

33.Vandelnsbetydelsei medborgarskapsärenden,m.m. 66.Finansiellatjänsteri förändring. Fi.

Ku. 67.Räddningstjänsti samverkanochpå entreprenad.

34.Teknisktutrymmeför ytterligareTV-sändningar.Ku. Fö.

68.Otillbörlig kurspåverkanoch vissainsiderfrágor.Fi.

Statens 1994

offentliga utredningar

Kronologisk förteckning

69. On the GeneralPrinciplesof Environment 99.Domareni Sverigeinför framtiden

Protection.M utgångspunkterför fortsattutredningsarbete.

. - 70. Inomkommunalutjämning.Fi. Del A+B. Ju. 71. Om intyg och utlåtandensomutfärdasavhälso- 100.Beskattningenvid gränsöverskridande

ochsjukvårdspersonaliyrkesutövningen.S. omstruktureringarinomEG,m.m. Fi. 72. sjukpenning,arbetsskadaoch förtidspension 101.Höj ribban

förutsättningaroch erfarenheter. Lärarkompetensför yrkesutbildning.U.

- 73. Ungdomarsvälfärd och värderingar enunder- 102.Analysochutvärderingavbistånd.UD.

-

sökningom levnadsvillkor, livsstil och attityder. C. 103.Studiemedelsñnansieradpolisutbildning.Ju. 74. Punktskattemaoch EG. Fi. 104.PVC enplanför attundvikamiljöpåverkan.M.

- 75.Patientskadelag.C. 105.Ny lagstiftningomradioochTV. Ku. 76.TradeandtheEnvironment-towards a 106.Sjöarbetstid.K.

sustainableplayingfield. M. 107.Säkrareñnansieringavframtidakärnavfalls

- 77.Tillvarons trösklar. C. kostnader.M. 78.Citytunnelni Malmö. K. 108.Säkrarefinansieringavframtidakärnavfalls- 79.Allmänhetensbankombudsman.Fi. kostnader Underlagsrapporter.M.

- 80.iakttagelserunderenreform Lägesrapportfrån 109.Tågetkommer. K.

- Resursberedningensuppföljningvid sexuniversitet 110.Omsorgochkonkurrens.S. ochhögskoloravdetnyaresurstilldelningssystemet lll. Bilarsmiljökiassningoch EG. M. för grundläggandehögskoleutbildning.U. 112.Konsumenternaochlivsmedelskvaliteten.

81.Ny lagomskiljeförfarande.Ju. Enstudieavkonsumentupplevelser.Jo. 82.Förstärktamiljöinsatseri jordbruket 113.Växanderåvaror. M.

svensktillämpningavEGzsmiljöprogram.Jo. 114.Avfallsfri framtid. M.

- 83.Övergång verksamheterochkollektiva 115.Sjukvårdsreformeri andraländer.S.

av upp-

sägningar.EU och densvenskaarbetsrätten.A. 116.Skyldighetatt lagraolja ochkol. N. 84.Samvetsklausulinom högskoleutbildningen.U. 117.Domstolsprövning förvaltningsärenden.Ju.av 85.Ny lagomskatt energi. 118.Informationsteknologin-Vingar människans

EnteknisköversynochEG-anpassning. förmåga.SB.

.

Motiv. Del 119.Livsrnedelspolitikför konsumenterna. Reformen

- -

Författningstextoch bilagor. Del II. Fi. somkomavsig. Jo. -

86.Teknologi ochvårdkonsumtioninom sluten 120.Finansiellleasingavlös egendom.Ju.

somatiskkorttidsvård1981-2001.S. 121.Bosparande.Fi. 87.Nyatidpunkterför redovisningochbetalningav 122.Trygghetmotbrott i lokalsamhâllet.Kartläggning,

skatteroch avgifter. Fi. principiella synpunkteroch förslag. Ju. 88.Mervärdesskattenoch EG. Fi. 123.Miljöombudsman.M. 89.Tullagstifmingenoch EG. Fi. 124.Varu-ochpersonkontrollvid EU:syttre gräns.Ju. 90.Kart- ochfastighetsverksamhet 125.Samordnadinsamlingavmiljödata.K.

finansiering,samordningoch 126.Husläkarreformensförstahalvår. S.

-

författningsreglering.M. 127.Kronan Spiran Äpplet. En universitetsstruktur

ny 91.Trafiken ochkoldioxiden Principerför attminska i södraStockholmsområdet.U.

-

trafikenskoldioxidutsläpp.K. 128.Lokal Agenda21 envägledning.M.

- 92. Miljözoner för trafik i tätorter.K. 129.Företagaresarbetslöshetsersättning.A. 93.Levandeskärgårdar.Jo. 130.Försäkringunderkrigsförhållanden.Fi. 94.Dagspresseni1990-taletsmedielandskap.Ku. 131.Skyddetvid deninregränsen.Ju. 95.En allmänsjukvårdsförsäkring offentlig regi.i S. 132.landstingensansvarför kliniskt forsknings-och 96.Följdlagstiftningtill miljöbalken.M. utvecklingsarbete.S. 97.RegleringavVattenuttagur enskildabrunnar.M. 133.Miljöpolitikensprinciper. M. 98.Beskattning förmåner. Fi. 134.Över-prövning besluti plan-ochbyggärenden.M.

av av

135.TheKeytoEurope acomparativeanalysisof entry

-

andasylumpolicies Westerncountries.Ku.

Statens 1994

offentliga utredningar

Systematisk förteckning

Statsrådsberedningen Kostnaderochindivideñekter.[21]

Reformeratpensionssystem.BilagaB. Om krigetkommit... Förberedelserför mottagandeav

KvinnorsATP ochavtalspensioner.[22] militärt bistånd1949-1969+Bilagedel.

Svenskalkoholpolitik enstrategiför framtiden.[24] Informationsteknologin -

Svenskalkoholpolitik bakgrundochnuläge.[25] -Vingar människansförmågan 18] -

Att förebyggaalkoholproblem.[26]

Justitiedepartementet Vårdavalkoholmissbrukare.[27]

Kvinnorochalkohol.[28] VapenlagenochEG [4]

Föräldrar Alkohol. [29] Kriminalvård ochpsykiatri. [5] Barn- -

Gamlaär ungasomblivit äldre.Omsolidaritetmellan Års-ochkoncemredovisningenligt EG-direktiv.

generationerna.Europeiskaäldreåret1993.[39] Del ochI II. Ju.[17]

Sambandetmellansamhällsekonomi,transfereringar Förvaltabostäder.[23]

ochsocialbidrag.[46] Vallagen.[30]

Rättentill reformeratbilstöd. [55] Uuikesselqetessen.[49] ratten-

Ett centrumför kvinnorsomvåldtagitsoch 6Juni Nationaldagen.[58]

misshandlats.[56]

integritetocheffektivitet. [63] Personnummer- Om intyg ochutlåtandensomutfärdasavhälso-

Ny lag omskiljeförfarande.[81]

ochsjukvårdspersonali yrkesutövningen.[71] Domareni Sverigeinför framtiden

sjukpenning,arbetsskadaoch förtidspension

utgångspunkterför fortsattutredningsarbete. - förutsättningarocherfarenheter.[72] Del A B. [99]+ -

, Teknologiochvårdkonsumtioninom sluten Studicmedclsfinansieradpolisutbildning.[103]

somatiskkorttidsvård1981-2001.[86] Domstolsprövningavförvaltningsärenden.[117]

Enallmänsjukvårdsförsäkringioffentlig regi. [95] Finansiellleasingav lös egendom.[120]

Omsorgochkonkurrens.[110] Trygghetmotbrott i lokalsamhâllet.Kartläggning,

Sjukvårdsreformeri andraländer. [115] principiellasynpunkterochförslag. [122]

Husläkarreformensförstahalvår. [126] Varu- ochpersonkontrollvid EU:syttregräns.[124]

Landstingensansvarför kliniskt forsknings-och Skyddetvid deninre gränsen.[131]

utvecklingsarbete.[l32]

Utrikesdepartementet

Kommunikationsdepartementet Historisktvägval Följdemaför Sverigei utrikes-och

- Påväg.[15] säkerhetspolitiskthänseendeavattbli, respektiveintebli

Citytunnelni Malmö. [78] medlemi Europeiskaunionen.[8]

Trafiken ochkoldioxiden Principerför attminska

Förslagtill övergripande - Anslutningtill EU - trafikenskoldioxidutsläpp.[91]

lagstiñning.[ l

Miljözonerför trafik i tätorter. [92] Suveränitetochdemokrati

Sjöarbetstid.[106] + bilagedelmedexpertuppsatser.[12]

Tågetkommer.[109] Renaroller i biståndet- styrningocharbetsfördelning

Samordnadinsamlingavmiljödata.[125] i eneffektivbiståndsförvaltning.[19]

Sexualupplysningochreproduktivhälsaunder1900-talet

Finansdepartementet i Sverige.[37]

Ändradansvarsfördelningför denstatligastatistiken.[1] Kvinnor, barnoch arbetei Sverige1850-1993.

Sverigeoch Europa.En samhällsekonomisk Analysochutvärderingavbistånd.[102]

konsekvensanalys.[6]

Försvarsdepartementet JIK-metoden,m.m. [13]

VissamervärdeskattefrågorIII Kulturm.m.[31] Räddningstjänstisamverkanochpå entreprenad.[67] -

Uppskattadsysselsättning omskattemasbetydelse

-

för denprivatatjänstesektom.[43]

Socialdepartementet

Folkbokföringsuppgiñemai samhället.[44]

Mänsföreställningaromkvinnorochchefskap.[3] Allemanssparandet översyn.[50]

- en Reformeratpensionssystem.[20]

Beskattningavfastigheter,del Principiella

- Reformeratpensionssystem.BilagaA. beskattning fastigheter [57]

utgångspunkterför av m.m.

Statens 1994

offentliga utredningar

Systematisk förteckning

Rationaliseradfastighetstaxering,del Fi. [62] Teknisktutrymmeför ytterligareTV-sändningar.[34] Statistikoch integritet, del 2 Vår andes ochandras.

stämma-

Lagompersonregisterför officiell statistikm.m. [65] Kulturpolitik ochinternationalisering.[35] - Finansiellatjänsteri förändring.[66] Minneochbildning. Museernasuppdragoch Otillbörlig kurspåverkanochvissainsiderfrågor.[68] organisation bilagedel.[51]+ Inomkommunalutjämning.[70] Teaternsroller. [52] PunktskatternaochEG. [74] Mästarbrevför hantverkare.[53] Allmänhetensbankombudsman.[79] Utvärderingavpraxisi asylårenden.[54] Ny lagomskattpå energi. Särskildaskäl utformningochtillämpningav2 kap.

- En teknisköversynoch EG-anpassning. 5 § och andrabestämmelseri utlänningslagen.[60]

Motiv. Del Dagspresseni1990-taletsmedielandskap.[94] -

Förfatmingstextochbilagor. Del Il. [85] Ny lagstiftningomradio ochTV. [105] - Nyatidpunkterfor redovisningochbetalningav TheKeytoEurope acomparativeanalysisof entry

skatterochavgifter. [87] andasylumpoliciesin Westerncountries.[135] MervärdesskattenochEG. [88] Tullagstiftningenoch EG. [89] Näringsdepartementet

Beskattning förmåner. [98]av Pantbankemaskreditgivning.[61] Beskattningenvid gränsöverskridande Skyldighetattlagraolja ochkol. [116] omstruktureringarinom EG, m.m. [100] Bosparande.[121] Arbetsmarknadsdepartementet Försäkringunderlcrigsförhállanden.[130]

Ledighetslagstiñningenenöversyn[41] Statligamyndighetersavtal.[136] -

Kunskapför utveckling+ bilagedel.[48]

Övergångavverksamheterochkollektivaupp- Utbildningsdepartementet

sägningar.EUochden svenskaarbetsrätten.[83] Grundenför livslångtlärande.[45] Företagaresarbetslöshetsersättning.[129] Avvecklingavden obligatoriskaanslutningentill studentkåreroch nationer.[47] Civildepartementet Iakttagelserunderenreform Lägesrapportfrån

- Kommunerna,LandstingenochEuropa. Resursberedningensuppföljningvid sexuniversitet

+Bilagedel.[2] ochhögskoloravdetnyaresurstilldelningssystemet

Konsumentpolitiki ennytid. [14] för grundläggandehögskoleutbildning.[80] Kvalitet kommunalverksamhet nationelli

- Samvetsklausulinom högskoleutbildningen.[84] uppföljningochutvärdering.[18] Höj ribban MycketUnderSammaTak. [32] Lärarkompetensför yrkesutbildning.[101] Statenochtrossamfunden.[42] Kronan Spiran Äpplet. Ennyuniversitetsstruktur Ungdomars

välfärd ochvärderingar enunder-

i södraStockholmsområdet.[127] sökning levnadsvillkor,livsstil och attityder. ]73]

om

Patientskadelag.[75] Jordbruksdepartementet

Tillvarons trösklar. [77] Förstärktamiljöinsatseri jordbruket

svensktillämpningavEG:smiljöprogram.[82] Miljö- och naturresursdepartementet - Levandeskärgårdar.[93]

EU, EESochmiljön.[7] Konsumenternaoch livsmedelskvaliteten. Skoterkömingpåjordbruks-ochskogsmark. En studieavkonsumentupplevelser.[112] Kartläggningochåtgärdstörslag.[16] Livsmedelspolitikför konsumenterna. Miljö ochfysiskplanering.[36]

Reformensomkomavsig. [119] Långsiktigstrålskyddsforslming.[40] -

Vilka vattendragskall skyddas Principeroch Kulturdepartementet

förslag. [59] Förnyelseochkontinuitet- omkonstochkultur Vilka vattendragskall skyddas Beskrivningarav i framtiden.[9] vattenområden.[59] Vandelnsbetydelsei medborgarskapsärenden,m.m.[33]

Statens 1994

offentliga utredningar

Systematisk förteckning

Med rapsi tankarna [64] On the GeneralPrinciplesof Environment Protection.[69] Trade andthe Environment towardsa

sustainableplayingfield. [76] Kan- ochfastighetsverksarnhetfinansiering,

samordningochförfattningsreglering.[90] Följdlagstiftningtill miljöbalken. [96] RegleringavVattenuttagurenskildabrunnar. [97] PVC enplan för attundvikamiljöpåverkan.[104]

- Säkrarefinansieringavframtidakärnavfallskostnader. [107] Säkrarefinansieringavframtidakämavfallskostnader

Underlagsrapporter.[108] - Bilarsmiljöklassningoch EG. [111] Växanderåvaror. [113] Avfallsfri framtid. [114] Miljöombudsman.[123] Lokal Agenda21 envägledning.[128]

- Miljöpolitikens principer. [133] Överprövningavbeslut plan-i ochbyggärenden.[134]

The Key to Europe

There are open doors to Europe for people in certain specific situations as the

result of national decisions. There for exampel, one door for those who are subject to political persecution and who need protection, and there another door for members of their famiIies.There are also additional doors which allow entry for a limited number of people. But, for the most part, all the doors are closed.

How many people pass through these various doors What do people do when they want to come in, but do not happen to be a situation which entitlesthem to entry—for example people who wantto improve their standard of living and give their children a better future there some key which can open Iocked doors

This book givs many of the answers to these questions its description of developments over the past decade and the changes which are taking place today. No overall survey of this kind has been undertaken previously.

Some BriefExtracts from the Study

Total annual immigration into Western European states currently twice as high as total immigration into the three traditional countries of immigration overseas. There increasing awareness that immigration will inevitably increase. i The bulk of immigration takes place in an irregular fashion. The asyum instrument.. .has become a major channel forpermanentimmigration by non-refugees. The question to be discussed what measures could be taken to avoid immigration occurring, outside the established systems, within a control framework acceptable to Western democratic states.

FRITZES

POSTADRESS:10647STOCKHOLM

FAX08-205021,TELEFON08-6909090

ISBN91-38-138-12-3

ISSN0375-250X