The Minister of Home Affairs 
European regulations whose principles and intentions are fully supported by the government. “A fair redistribution of applicants for international protection within the EU and enhanced protection of Europe’s external borders are, in fact, among the pillars of the migration policy pursued by the present government,” reads the bill.
Those who do not meet the conditions […] must be returned as quickly as possible to their country of origin or a safe third country.
“A policy combining humanity and pragmatism”
“The government’s aim is to implement a responsible immigration policy, combining humanity and pragmatism to respond to societal challenges,” stressed Léon Gloden when presenting the bill to the press on this Wednesday 14 January. “This approach aims to rapidly integrate people with protection status, while avoiding giving false hope to those who do not meet the conditions. The latter must be returned as quickly as possible to their country of origin or a safe third country.”
It should be noted here that the draft does not deal with the practical issues concerning the return of illegal immigrants. This will have to be dealt with at European level. The pact transposed today aims, above all, to ensure an effective system of solidarity and responsibility, secure external borders, rapid and effective procedures and the integration of migration into international partnerships.
A screening centre able to process 350 people
The central element of the reform is the new screening system. This screening in no way prejudges a decision on an asylum application. “It involves identifying people, checking their health and vulnerability and carrying out security checks using digital files. This screening must be carried out as quickly as possible, between three and seven days.” This will concern applicants for international protection without valid documents on the territory, non-EU nationals without valid documents stopped by the police on the territory and applicants for international protection presenting themselves at the border (in this case Findel airport, Luxembourg’s only external border).
Depending on the results of this screening, the people concerned will be directed towards an asylum procedure or a return procedure. “A monitoring mechanism will be set up to ensure that fundamental rights are respected during this phase,” said the Minister. As part of this pact, the government plans to set up a screening centre with a capacity to receive and process 350 people per month. A call for tenders will be issued once the law has been passed.
Strengthened protection for unaccompanied minors
In addition to filtering, the pact aims to speed up asylum and return procedures. It introduces a distinction according to the origin of applicants. If they come from countries with an asylum recognition rate of less than 20%, the decision will have to be taken within three weeks. The criteria for determining which country is responsible for an asylum application are revised, with priority given to family reunification in order to reunite families as soon as possible during the procedure.
Detention for minors remains an absolute exception, limited to a maximum of three months.
Unaccompanied minors (UAMs) are subject to special provisions to guarantee their protection and respect for their fundamental rights. As soon as they arrive, they will be given temporary guardianship. This guardian is responsible for appointing a person to accompany the minor throughout the administrative and legal procedures. “Detention for minors remains an absolute exception, limited to a maximum period of three months, and only if no other solution is possible,” states the Minister for Home Affairs. Minors may not be detained before the age of 16, and only in the event of a threat to public order or national security. However, their fingerprints will be taken as soon as they reach the age of 6.
A monitoring mechanism will be set up, notably by the Commission, to ensure that the procedures respect the best interests of the child. The stated aim is to ensure that the minor’s living environment and status are managed in the most humane way possible.
New paradigm for judicial appeals
Another new feature of the text is the end of automatic suspensive effect for appeals against decisions by the authorities. With the notable exception of the normal asylum procedure, and only at first instance. In other words, “theoretically”, people could be deported during the procedure. However, they will still be able to lodge an application for interim relief to request that the removal not be applied provisionally. Appeals will now only be possible for the normal asylum procedure and in the event of withdrawal of international protection by the minister.
As regards the time limits for appeals, in the context of a normal procedure and withdrawal of protection, it will be 20 days. In other words, the court will have to rule within this period. In the case of an inadmissible application and an accelerated procedure, the time limit will be ten days. This will also be the case for a procedure under the Dublin Agreement.
The Ministry of Justice will introduce a bill on the creation of an asylum and immigration tribunal within the Administrative Court to specifically manage this litigation.
Leon Gloden hopes that this will limit secondary movements. This term refers to the movement of refugees or asylum seekers who leave the country where they first arrived to seek protection elsewhere, often for better opportunities or resettlement. Movements that complicate the management of asylum policies.
