Internal Protection Alternative for Iraqi Asylum Seekers

 

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

 

 

 

 

 

 

 

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.

 

Ireland

 

 

 

 

 

 

 

Italy

 

 

 

 

 

 

 

Luxembourg

 

 

 

 

 

 

 

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

 

 

 

 

 

 

 

Russia

 

 

 

 

 

 

 

Spain

 

 

 

 

 

 

 

Sweden

 

 

 

 

 

 

 

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.

 

UK

 

 

 

 

 

 

 

 

 

Ipa – internal protection alternative.  N/A – not applicable