Exploring voluntary return home

Dear Mr Bassie:

I read your article online recently with respect to the Assisted Voluntary Return of Irregular Migrants programme and those who may or may not be eligible.

If a person is eligible, what services or assistance can someone expect to get through the programme?

- J.D.

Dear J.D.,

Thank you for your question. Apart from receiving help in returning to their country of origin, a person may get some other type of assistance.

For example, if someone makes an application to the Assisted Voluntary Return of Irregular Migrants programme (AVRIM) and he or she does not have a suitable travel document that he or she may use to return to their country of origin or even to a third country where he or she might be considered admissible, then the International Organization for Migration (IOM) will assist the individual in obtaining the necessary travel documentation, entry permit or equivalent which may be issued by the UK Border Agency or the embassy or high commission of the country to which the applicant is seeking to return or go.

You should be aware that the IOM is equipped to help returnees at every phase of the process from the beginning to the end. This assistance includes helping an individual with the actual application form and also providing advice on the scheme. The IOM will also assist in obtaining not only the appropriate travel documents but also arranging the person's international flight. In addition to this, the IOM representatives also provide airport assistance. The IOM representatives will meet returnees at the airport from which the returnee is departing and provide help through transit if it is requested and also help them get from the airport to their final destination.

Reintegration

However, it should be noted that assistance with reintegration is generally not available to those persons who return under the AVRIM programme. Nevertheless, exceptions have been made for groups that are considered vulnerable on a case-by-case basis. Such groups would include, for example, unaccompanied minors or victims of trafficking. In such cases the IOM may provide reintegration assistance that may be made available for education or vocational training and/or business start up. In addition, in categories such as these, persons are able to use the assistance they receive for counselling. It is believed that this is of particular importance for unaccompanied minors and victims of sex trafficking.

It is worth noting that an applicant can withdraw from the AVRIM programme at any time prior to his or her departure. Furthermore, if applicants are approved and fail to travel within three months of their application receiving approval and there has been no valid reason offered, then the United Kingdom Border Agency will deem the application as being withdrawn.

In addition, usually each applicant is limited to tendering only two assisted voluntary return applications for consideration. This means that the individual who cancels or withdraws his or her application or does not depart within three months of approval on two occasions will no longer be eligible for the programme. However, a third application may be considered if the applicant is able to produce exceptional evidence or provide valid reasons why their departure through the assisted voluntary return has not taken place and this applies to applications made for any assisted voluntary return. Irrespective, in each case the final decision about consideration of a third assisted voluntary return application rests with the United Kingdom Border Agency.

John S. Bassie is a barrister/attorney-at-law who practises in Jamaica. He is a Supreme Court-appointed mediator, a fellow of the Chartered Institute of Arbitrators and a Chartered Arbitrator. Email: lawbassie@yahoo.com