Involuntary Return of Illegal Immigrants: Russian Federations practices

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Involuntary Return of Illegal Immigrants
Russian Federations practices
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Forms of Involuntary Returnof Illegal Immigrants

• Administrative expulsion
• Deportation
• Re-admission

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The Legal Basis for the Institutionof
Involuntary Return in the Russian Federation
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Administrative Expulsion

• A type of administrative penalty (to be applied
  as primary or additional punishment)
• Shall be ordered by a judge
• Implemented in two forms
• - forced supervised removal of a person
  from Russia
• - a foreign citizens unforced supervised
  exit from Russia
• The person to be expelled must be finger-printed
  
• Administrative expulsion orders are appealable
• Persons to be expelled may be detained and put in
  special-purpose detention facilities
• A person may only expelled to his/her country of
  citizenship (if a foreign citizen) or to the
  country of permanent residence (if a stateless
  person)
• Administrative expulsion orders are executed by
  Interior officers (police)
• The expulsion costs are to be paid by the person
  to be expelled, by the inviting party, or from
  the Federal budget
• The diplomatic representative office or the
  consular office of the foreign state concerned
  shall be informed about the administrative
  expulsion.

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Administrative Expulsion shall not be applied to

• Foreign citizens in military service (for the
  duration of the military service)
• Recognized refugees (for the duration of the
  status)
• Persons who have been granted political asylum
  (until they enjoy political asylum).

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Administrative Expulsion Procedure

• It becomes known that a foreign citizen or a
  stateless person has committed an administrative
  offense punishable by administrative expulsion (6
  offenses covered by the RF Administrative
  Offenses Code, Chapter 18)
• An authorized officer/agency executes a report of
  an administrative offense that entails
  administrative expulsion (such report shall be
  executed as soon as the offense is detected!)
• The report is submitted to court (as soon as
  executed!)
• The judge examines the report (on the day it is
  received!), and the foreign citizen or stateless
  person concerned must be present during the
  examination
• The judge rules to have the foreign citizen or
  stateless person expelled from Russia in an
  administrative expulsion procedure. At the same
  time, the judge may rule to keep the person to be
  expelled at a special police facility or a
  specialized facility of a region until the
  administrative expulsion is actually performed
  (in the event of the persons forced supervised
  removal from Russia)
• The foreign citizen or stateless person is kept
  at a specialized facility until expulsion from
  Russia
• The foreign citizen is actually expelled from
  Russia (by police).

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Administrative Expulsion Order Appeal Procedure

• The appeal procedure is governed by RF
  Administrative Offenses Code (Chapter 30)
• A person for whom an expulsion decision has been
  rendered may appeal against such decision
• An appeal against a judges ruling to impose
  administrative punishment in the form of
  administrative expulsion shall be submitted to
  the superior court on the date the appeal is
  received
• The appeal received shall be examined within 24
  hours from the time of submission
• The decision on the appeal shall be communicated
  to the agency or official that execute the
  expulsion ruling on the same day when the
  decision is made.

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Deportation

• Is NOT a form of punishment!
• Forced removal of a foreign citizen or stateless
  person from Russia due to loss or termination of
  legal grounds for continuing sojourn (residence)
  in Russia
• The person to be deported must be finger-printed
• To be applied if a foreign citizen or stateless
  person fails to comply with an order to leave
  Russian territory
• The decision is rendered by the FMS of Russia
• A person to be deported may be kept at a
  specialized facility/institution until the
  deportation (under a court decision)
• A person may only deported to his/her country of
  citizenship (if a foreign citizen) or to the
  country of permanent residence (if a stateless
  person)
• Deportation decisions shall be executed by units
  of FMS of Russia
• The deportation costs are to be paid by the
  person to be deported, by the inviting party, or
  from the Federal budget
• The diplomatic representative office or the
  consular office of the foreign state concerned
  shall be informed about the deportation.

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Grounds for Applying the Deportation Procedure

• If a foreign citizen fails to perform an
  order to leave Russian territory within a certain
  period because
• the period of the persons stay (residence) in
  Russia has been reduced (the person must leave
  Russian territory within 3 days)
• the persons temporary residence permission or
  residence permit has been revoked (the person
  must leave Russian territory within 15 days)
• the persons refugee status application has been
  rejected
• the person has been given notice that his/her
  refugee status is no longer valid or has been
  terminated
• the decision has been rendered that the person is
  not welcome to stay or reside in Russia.

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Grounds for Rendering a Decisionthat a Person is
not Welcome to Stay or Reside in Russia

• The person in question creates a real threat to
  the defense capacity or security of the State or
  law and order, or public health, so the decision
  is rendered in order to protect the foundations
  of the Constitutional system, morality, and/or
  other persons rights and lawful interests
• it becomes known that the person has a disease
  that precludes the persons further stay in
  Russia
• the person has been convicted for a minor or
  medium-gravity crime (after serving the
  sentence).

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Consequences of Administrative Expulsion or
Deportation

• A person expelled or deported from Russia shall
  not be permitted to enter the country for five
  years from the date of the administrative
  expulsion or deportation
• A person will have a temporary residence
  permission or a residence permit denied or
  terminated if the person was expelled or deported
  from Russia during the five years immediately
  preceding the date of the application
• A person will have a work permit denied or
  terminated if the person was expelled or deported
  from Russia during the five years immediately
  preceding the date of the application
• A foreign citizen who evaded reimbursing
  administrative expulsion or deportation costs
  during a previous visit to Russia may be denied
  entry into Russia (until the costs are fully
  reimbursed by such person).

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Re-admission

• Re-admission is performed under international
  treaties to which the Russian Federation is a
  party
• Is NOT a form of punishment
• Forced removal of a foreign citizen or stateless
  person from Russia due to loss or termination of
  legal grounds for continuing sojourn (residence)
  in Russia
• Does not require the persons failure to perform
  an order to leave Russian territory (unlike
  deportation)
• The foreign citizen or stateless person shall be
  taken to the country from which he/she came to
  Russia (unlike deportation)
• The decision is made by the FMS of Russia (the
  central competent body) (extrajudicial
  proceedings)
• The person subject to re-admission may be kept at
  a specialized facility of the FMS of Russia until
  the re-admission decision is actually performed
• The costs are paid from the Federal budget or by
  the person subject to re-admission
• The decision is executed by the FMS of Russia.

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Questions and/or Comments