Ad Hoc Query on return decisions and entry bans
The Swedish government has established a committee to review aspects of Swedish legislation concerning the return procedures for third-country nationals. The committee's goal is to propose new measures and revisions to existing laws to enhance the effectiveness of the return process. Consequently, they initiated an ad hoc query to gather information about the regulations related to the limited validity period of return decisions and the duration of entry bans.
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Background:
According to the Swedish legislation, return decisions have a limited period of validity. When the return decision is no longer valid the third-country national can once again apply for asylum in Sweden, regardless of whether they have complied with the return decision or whether they previously have had an application for asylum considered.
A government committee is examining the validity of return decisions, and whether the period of validity should be extended. It is also examining whether amendments to the Swedish legislation regarding entry bans could increase the effectiveness of return.
Respondents:
A total of 28 countries, including Belgium, responded to the ad hoc query.
Findings:
Among other findings, the compilation of answers shows that:
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Out of the 28 countries that participated in the query, 16 countries - including BE - revealed that their national legislation did not prescribe a limited period of validity for return decisions.
- Regarding the maximum duration of entry bans, several countries reported a maximum duration of up to 5 years, although this duration varied depending on the grounds for the entry ban.
- Additionally, most countries stated that, for reasons related to public order, public security, or national security, the entry ban could be extended for periods of up to 10 or even 20 years.
For additional information, please read the compilation of answers above.