Country |
Any returns of Iraqi’s taking
place? |
Can Iraqi’s from Central Iraq be
returned to Northern Iraq? |
Under what criteria is ipa applied to
Iraqi’s? |
Any exemptions? |
Usual status applied to Iraqi’s
in European countries? |
Recent changes? |
Comments |
Austria |
None known. |
N/A |
UNHCR guidelines applied, although first instance decisions can contradict these for non-Kurds. |
As UNHCR guidelines. |
27% received Convention status in 2001, the remaining receive non-refoulement status with a temporary residence permit. |
None. |
|
Belgium |
No, repatriation must be to the capital which is not possible |
In principle, in practice they never fulfil the criteria. |
Certain categories could have ipa applied, but the criteria are rarely fulfilled. |
As UNHCR guidelines. |
All negative decisions include non-removal clauses so their expulsion order can be prolonged. They can appeal or apply to regularise their stay. |
1 recent case where a Kurd fulfilled criteria for ipa. |
Social welfare given when non-removal clause applied. |
Bulgaria |
None, due to lack of funds and procedures. |
N/A |
It has never been applied. |
N/A |
Some receive convention status, others humanitarian protection. |
None. |
Grounds for status are uncertain. |
Country |
Any returns of Iraqi’s taking
place? |
Can Iraqi’s from Central Iraq be
returned to Northern Iraq? |
Under what criteria is ipa applied to
Iraqi’s? |
Any exemptions? |
Usual status applied to Iraqi’s
in European countries? |
Recent changes? |
Comments |
Denmark |
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Finland |
No. |
N/A |
N/A |
N/A |
Leave to remain on humanitarian grounds usually. |
None. |
Status often changed to de facto refugee status by Administrative Court. |
France |
No, due to transit and document difficulties. |
N/A |
N/A |
N/A |
Most receive Convention status, but many remain illegally. |
None. |
Lack of any status is now tolerated for Iraqi’s. |
Germany |
None, due to impediments to deportation. |
Yes, in theory, but criteria unlikely to be fulfilled in practice by those from Central Iraq. Ipa only an issue in the context of Kurds. |
For those with family/social contacts that could support them if returned. |
Those considered important to the Iraqi government. |
Arabic origin usually receive Convention status or a 2-year residence permit. Kurds with ipa given Duldung – a non-status (toleration of stay). |
The High Administrative Court in Sachsen-Anhalt believes that all Iraqi’s can survive in UNHCR camps in the north so the support criteria does not apply. |
Uncertain if other high Administrative Courts will agree. |
Greece |
None, due to the air embargo on Iraq. |
N/A |
N/A |
N/A |
No usual status. |
None. |
Any rejected asylum seekers are tolerated without status. |
Country |
Any returns of Iraqi’s taking
place? |
Can Iraqi’s from Central Iraq be
returned to Northern Iraq? |
Under what criteria is ipa applied to
Iraqi’s? |
Any exemptions? |
Usual status applied to Iraqi’s
in European countries? |
Recent changes? |
Comments |
Hungary |
No considered an unsafe country of origin. |
N/A |
N/A |
N/A |
Every case considered on its merits. |
None. |
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Ireland |
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Italy |
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Luxembourg |
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Netherlands |
Yes, only voluntary due to practical difficulties. |
Yes, in theory. |
All those not being individually targeted by the Iraqi government. |
Those granted temporary asylum residence permits on convention criteria. |
Those rejected for temporary asylum residence permit on Convention criteria are about 80%, who then have no status as ipa applies. |
June 2001 UNHCR ipa criteria no longer applied. New legislation has created a new status system. |
Those rejected will lose their social assistance and reception facilities, but must choose to return. |
Norway |
Voluntary return only, 5 taken place so far to the North, none to central Iraq. |
No forced returns taking place. |
UNHCR guidelines applied, only those originating in the North or who lived there for some time, are seen to have an ipa. |
Yes – as per UNHCR guidelines. |
Residence permits on humanitarian grounds given to those from central Iraq (some get Convention status). Northern Iraqi’s with ipa are without status. |
February 2000, practice regarding Northern Iraqi’s changed so that only 3% have received a residence permit since then. |
About 2000 Kurds in Norway have no status. |
Country |
Any returns of Iraqi’s taking
place? |
Can Iraqi’s from Central Iraq be
returned to Northern Iraq? |
Under what criteria is ipa applied to
Iraqi’s? |
Any exemptions? |
Usual status applied to Iraqi’s
in European countries? |
Recent changes? |
Comments |
Portugal |
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Russia |
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Spain |
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Sweden |
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Switzerland |
2 forced returns in 2001, but generally not possible. |
No. |
Those originating from the North only can be returned. |
On grounds of age, health, religious minorities etc |
Subsidiary protection given unless voluntary return possible. |
None. |
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UK |
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Ipa – internal protection alternative. N/A – not applicable