What is readmission: definition of a concept, legal basis, subtleties

What is readmission? Not everyone understands what this concept means, as it has recently entered our vocabulary. This is just a forced expulsion from the country of an illegal migrant. To complete the procedure, the two countries conclude an agreement that one state agrees to accept its citizens or persons who do not have such status from the territory belonging to another entity.

How to reduce population relocation

Terminology features

What is readmission it becomes clear after translating the term from English, which means receiving back (back). There is still such a close concept in meaning as deportation. These two phenomena have differences in the order of actions. Violators of migration laws should know what readmission is and what is called deportation. The latter concept implies that people are sent to countries in which they have citizenship. When a citizen is expelled from the country according to the readmission procedure, this condition may not be met. No matter where their homeland is, they will be sent to where they came from. For example, the Uzbeks entered Russia through Armenia, which means that Yerevan should accept them, provided that there is an agreement for this case.

Reasons to start the procedure

When do countries resort to readmission procedures? What is illegal that migrants can do to apply precisely this rather tough method to them?

Sea crossing

The basis is:

  • illegal crossing of state borders;
  • violation of regulations on the entry and stay of foreigners on the territory of the Russian Federation;
  • use of fake documents for living.

Any of these violations serves as a justifiable reason for the readmission of citizens.

Who has the right to detain whom?

The Ministry of Internal Affairs can expel illegal immigrants from the country. When migrants are detained, the following actions are carried out:

  • put on record;
  • take pictures;
  • fingerprint.

If the police have doubts about their location at the address where they lived, they are transferred for temporary detention to special institutions. When conducting a readmission of a foreign citizen, he has the right:

  • call a lawyer to protect;
  • get medical help;
  • file an appeal.

Migrant, subject to justification of the reason, may ask the country in which he is located to provide him with political asylum.

Migration issues

Restrictive measures

When citizens do not live in a special institution, they are monitored and controlled by the migration authorities. Transfer to another territory is carried out under the agreement provided for this procedure, indicating the time and place of its conduct. Juveniles are expelled with full confidence that the host country will ensure their safe existence. Deportation and readmission are closely connected, but this is not a punishment, but a coercive measure. Organ actions can always be appealed. An agreement on readmission between countries should be mandatory, otherwise you will have to deport a person to the region of which he is a citizen.

Children suffering

In what case do they provide a respite?

There are exceptions to each rule. A person can be left for a while in the country, if there are reasonable reasons for this. The grounds for postponing readmission to the foreigner have to be confirmed with documents:

  • a medical opinion that there is a serious illness and the possibility of a deterioration in health when moving;
  • an extract from the court to participate in the trial;
  • a petition to the authorities asking for refugee status;
  • a certificate from medical institutions that there are sick relatives.

Emergencies may occur in the country. In these cases, the authorities will have no time for such procedures; they will begin to relocate migrants after restoring order on their territory. When committing a crime by a foreigner, he is sentenced to imprisonment on the basis of applicable laws of the Russian Federation.

Characteristic signs

Administrative readmission is carried out in relation to persons who have committed offenses. Migrants are expelled by court order with the right to appeal. They transfer foreigners, as in the case of deportation, according to the legislation of the country of location to the place of citizenship of which they are. It regulates the legal status of foreigners in Russia, their entry, exit, visa regime by Federal Law No. 115-FZ "On the Legal Status of Foreign Citizens in the Russian Federation".

Armenian migrants

Order of conduct

What is readmission? This, in simple words, is an arrangement that is being implemented in stages. Countries enter into an agreement detailing:

  • the category of citizens who may be subjected to the procedure;
  • grounds for transfer;
  • reasons for crossing borders, citizenship;
  • deadlines;
  • transit conditions;
  • secrecy of information;
  • costs.

The procedure consists of difficult working moments:

  • the country into which the unauthorized entry was committed, turns to the state where the move will be made with a request that they accept the migrant;
  • documented violations of the migration regime;
  • get consent along with travel documents;
  • inform the competent authorities of the relocation of the alien.

Law enforcement actions should take place without publication in the media while ensuring the safety of personal information. In addition, the party expelling the migrants is obliged to prove that the move is carried out at the right address, the foreigner arrived in Russia from this particular state. Between all cases when expulsion of foreigners occurs, there is a difference in the financial security of the move:

  • deportation is paid by the country's budget;
  • for administrative expulsion, the offender incurs the costs;
  • the host side spends on readmission.

Free movement between countries is provided for by international relations in accordance with laws. Foreigners may return to their place of permanent residence voluntarily or forcefully. Federal law states that any traveler can leave Russia of their own free will if the permit period is over.

Restrictions exist only for persons:

  • detained on suspicion of criminal acts;
  • involved as defendants;
  • convicted of crimes.
Tajik migration

Total

Citizens deported for violations will be closely monitored by the migration services of the states that accepted them. This procedure strengthens the security of the parties, as they are aware of serious problems with the law. With the help of legalized civilized control over illegal migration, the balance of interethnic relations is maintained. Constant changes in politics, a low economic level contributes to the displacement of the population in search of a better life. Among them, there are not always respectable citizens who observe the laws of the state in which they come. Legal authorities have a responsibility to monitor movements to ensure order and prevent crime. With the help of readmission, used as an acceptable and effective legal instrument, the stated goals are achieved.

Source: https://habr.com/ru/post/E24168/


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