Following is a description of the authorities’ procedures regarding escorting applicants for protection out of Iceland after denial of application. The procedures are under constant development, for example, on grounds of a new agreement with the International Organization for Migration, which enters into force 1 August 2016.
When must an applicant for international protection leave the country?
An applicant for international protection shall leave the country when he/she has received a final rejection of his/her application or he/she has withdrawn his/her application and does not have an alternative legal right to reside in Iceland.
The procedures by the authorities are based on ensuring professional, organized and humane implementation of escorting applicants for protection out of Iceland.
The Directorate of Immigration
The Directorate of Immigration (DI) carries out the decisions by the authorities and assesses whether a request for police escort should be sent to the International Division of the National Commissioner of the Icelandic Police in instances when an enforceable decision has been made, provided that the relevant applicant does not leave Iceland voluntarily.
The applicant may leave voluntarily if in possession of valid travel documents and funds.
When is a request for escort sent?
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What does the Directorate of Immigration have to examine?
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What authority is responsible for a decision in instances of doubt?
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Application for international protection is withdrawn
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Whether withdrawal of application by the applicant exists in writing
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The authority that had the case for procedure
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The applicant accepts the decision by the Directorate of Immigration (DI)
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Whether the applicant’s acceptance of the decision exists in writing
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The Immigration and Asylum Appeals Board (Appeals Board) enters into a decision on whether an appeal has been made and whether this was done in a satisfactory manner
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The applicant does not appeal the decision by the DI within the deadline for lodging an appeal
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Whether the 15 days deadline has passed from the date of the decision by the DI
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The Appeals Board enters into a decision as to whether an appeal has been made and whether this was done in a satisfactory manner
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The applicant accepts the decision by the Appeals Board or does not request suspension of the legal effects at the time of the decision being made known to him/her
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Whether the relevant applicant has submitted a request for suspension of the legal effects to the Appeals Board within 7 days from the decision being made known to him/her
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The Appeals Board enters into a decision as to whether an appeal has been made and whether this was done in a satisfactory manner
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The Appeals Board denies a request for suspension of the legal effects
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Whether the relevant applicant has requested reopening of a decision by the Appeals Board and whether a decision has been entered into regarding such request. Such request generally does not suspend the legal effects of a decision, however, circumstances may recommend suspension of implementation until the decision by the Appeals Board has been made
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The Appeals Board enters into a decision as to whether a request for reopening has been submitted and whether this was done in a satisfactory manner. Reopening is subject to a request thereon
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The applicant accepts a judgment by the District Court or a ruling by the Supreme Court has been rendered
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Whether the relevant applicant has requested reopening and whether a decision has been entered into regarding such request. Such request generally does not suspend the legal effects of a decision, however, circumstances may recommend suspension of implementation until the decision by the Appeals Board has been made
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The Appeals Board enters into a decision as to whether a request for reopening has been submitted and whether this was done in a satisfactory manner. Reopening is subject to a request thereon
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Decisions and rulings made known to applicants
The International Division of the National Commissioner of the Icelandic Police makes decisions known to applicants in instances where the conclusion is that the applicant shall leave the country. When such decisions are made known to applicants the relevant person is informed that the Directorate of Immigration will foreseeably request police escort in conformity with the contents of the decision. The procedure regarding the pending departure from Iceland is furthermore explained to the applicant.
Request for police escort
The Directorate of Immigration goes through every case before a request for police escort is sent to the International Division of the National Commissioner of the Icelandic Police. The Directorate of Immigration examines whether the decision is enforceable, whether the relevant person has any unfinished matters or issues with the authorities, or whether other circumstances prevent implementation.
If an applicant for protection is to leave Iceland and the conclusion is enforceable the Directorate of Immigration sends a request for implementation to the International Division of the National Commissioner of the Icelandic Police. Parallel to this the Directorate contacts the spokesperson of the relevant applicant, stating that a request for escort out of Iceland has been sent to the International Division of the National Commissioner of the Icelandic Police, and requests the spokesperson to inform the applicant.
The International Division of the National Commissioner of the Icelandic Police informs the relevant applicant in due course about the further timing of the police escort.
If the applicant or his/her spokesperson cannot be reached despite repeated attempts, a request for police escort is nevertheless sent to the International Division of the National Commissioner of the Icelandic Police which then launches the preparation of the police escort. Attempts to contact the applicant or his/her spokesperson will continue.
Preparation and implementation of police escort
The International Division of the National Commissioner of the Icelandic Police emphasizes collaboration with the applicant in preparing and implementing police escort. The personnel of the International Division sees to the implementation of decisions being conducted in a professional manner, respecting the human dignity of the person involved, and they see to it that the implementation is in accordance with law and safety criteria.
Various reasons may cause difficulty in determining the date of police escort, which may result in its actual implementation being on short notice. Effort shall be made to notify the relevant applicant about the detailed date of departure as soon as possible, preferably not less than on two days’ notice or immediately when the date of departure has been set. Special consideration must be shown for families and individuals in a particularly vulnerable situation.
The preparations by the International Division focus mainly on the following factors:
- Assessing the situation of an individual regarding the arrangement of the police escort, for example, in accordance with the decision, his/her health situation and safety views.
- Check and set a travel plan and date – ensure the consent of the aviation carrier.
- Measures regarding the manning of the police escort.
- Informing collaborators about the pending escort and ensure consent.
- Informing the applicant about the pending escort.
- Ensuring the presence of the relevant applicant at the time of escort.
If an applicant is deemed to be dangerous or uncooperative, the police have the competence to ensure police escort being realized and to ensure the safety of the relevant person and the general public during the implementation. Competence is not exercised unless this is deemed as necessary.
Cooperation with Frontex
Subject to certain conditions being met the International Division of the National Commissioner of the Icelandic Police may participate in projects of Frontex pertaining to the travel of applicants for protection out of the Schengen Area (Joint Return Operation - JRO Frontex travel). The main objective of Frontex and Iceland’s participation in the said projects is to ensure professional and practical departure of those whose applications for protection or stay have been denied and who should leave the Schengen Area.
In addition to Icelandic legislation, special rules and criteria prevail (including
Code of Conduct for JROs) about Frontex travels whose goal is to ensure safety and humane implementation.
The preparation by the International Division of the National Commissioner of the Icelandic Police for participating in Frontex transportation is similar as in conventional police escort except the main difference being that certain predetermined dates and timing, as well as travel arrangements, must prevail. Iceland’s geographic location and the arrangement of the implementation have frequently resulted in the escort having to begin earlier than in other countries, and there are examples of the International Division having to begin its escort at 1 a.m. in the morning of the date of departure.
The implementation of Frontex travel is such that a chartered aircraft under the umbrella of Frontex starts by fetching the escorting officers and the applicants for protection in Iceland. En route to the country that organizes the implementation the aircraft preferably makes a brief stopover in one European country to fetch more applicants for protection and their escort officers. The whole group then travels to a country or countries where the applicants for protection are sent and the aircraft immediately returns with the escorting officers to the country that organized the implementation. Another arrangement is that Icelandic escorting officers and applicants for protection travel by scheduled flights to the country that organizes the implementation.
