Return Procedures Applicable to Rejected Asylum-Seekers in the European Union and Options for their Regularisation

Due to the ongoing refugee crisis that escalated in 2015, thousands of decisions on international protection in the European Union have been issued, of which over 40 per cent were negative. This article focuses on the legal position of these rejected asylum-seekers in 17 European Union Member States, within the scope of return procedures that are carried out as a result of the said rejections, in accordance with the rules of the Return Directive. Despite harmonization rules, national legislations have adopted different solutions with regard to the return and removal of these persons. They are examined and outlined while also taking into account the circumstances that prevent and postpone the return or removal. This can result in "limbo" situations, de facto tolerated statuses, official tolerated statuses, or even acquisition of a residence permit. Furthermore, options for regularisation (due to a regularisation programme or a mechanism) of rejected asylum-seekers are analysed and presented. The absence of such options can pose a serious legal and practical obstacle for those who - due to reasons outside of their control - stay, reside, or remain on the territory of a Member State.