IWB for refugees: Luxembourg

Summary of the national legislation on refugees

General Facts:

The culturally diverse Grand Duchy of Luxembourg is a small, landlocked country in Western Europe bordered by Belgium, France, and Germany, with a population of 587, 913 people. Her dynamic economy makes it a global hub for finance, banking and insurance; and today is among the wealthiest nations in the world by GDP.[1]

A founding member of the United Nations in 1946 and of NATO in 1949, Luxembourg in 1952 became one of the six countries of what would evolve into the European Union. In 1999, it joined the euro currency area.[2]

Luxembourg has historically welcomed migrant labour, which has played an important role in the country’s prosperous economic development. However, in the face of large influxes of asylum seekers resultant from the wake of the Balkan conflicts, the country’s attitude towards foreigners began to sour.[3]

In 2014 and 2015, due to the refugee crisis, migration became the focus of the economic and socio-political debates, especially during Luxembourg’s Presidency of the Council of the European Union. In the same year, Luxembourg took part in the EU’s resettlement plan by accepting 28 Syrian refugees. Consequentially in 2015 from the framework of the EU discussions of the resettlement of 20,000 migrants, Luxembourg offered to resettle 440 refugees voluntarily. However, that number is currently insignificant in the face of the aggravating migration crises. As such,  Luxembourg took measures to restrict the inflow of migrants (30 per day). Nevertheless, as an emergency response to the migrant crisis in Hungary, Luxembourg offered to resettle 50 Syrian refugees within 2 days’ notice. [4]

The governmental programme of 2013-2018 considers immigration a complex domain with many challenges. It states that immigration and integration are intertwined with reciprocity and shared responsibility of both the migrant and the host country at the core of a successful integration process. The government has taken the necessary measures to provide opportunities to new residents to engage in such shared processes.[5]

Legislation

  1. International Conventions Related to International Migration
  • The 1951 Convention relating to the Status of Refugees (ratified on 23 July 1953)[6]
  • The 1967 Protocol (accession on 22 April 1971)[7]
  • The 1989 Convention on the Rights of the Child (ratification: 7 March 1994)[8]
  • 2000 Human Trafficking Protocol (ratification on 20 April 2009)[9]
  • 2000 Migrant Smuggling Protocol (ratification on 24 September 2012)[10]
  1. EU Directives

During 2014, Luxembourg implemented several EU directives. Directive 2011/36/EU of 5th April 2011 on preventing and combating trafficking in human beings was implemented by the Law of 9th April 2014, which reinforced the rights of victims of trafficking in human beings by criminalising begging and the trafficking of children. Extensive work was undertaken to transpose Directives 2012/32/EU and 2012/33/EU of the Common European Asylum System.[11]

Bill No. 6775 concerning the transposition of the “Reception Conditions” Directive was introduced to the Conseil d’Etat on 6th February 2015. Further government amendments have been introduced by 28th September 2015. It partially includes dispositions that were already established by the Grand-ducal regulation of 8 June 2012: establishing the modalities for granting social aid to international protection applicants, regulates the access of international protection applicants to housing[12] and vocational training[13], monthly allowance[14], schooling of children[15] and employment[16]; and provides for a dignified standard of living for all applicants.[17]

Bill No. 6679 concerning the transposition of the “Procedures” Directive was introduced to the Conseil d’Etat on 19th February 2015.[18] This bill has received until 31st August 2015, three legal opinions: the first one of the Collectif Réfugiés Luxembourg (LFR) on 5th June 2015, the second one of the Council of State of 17th July 2015, and the third one by the Consultative Commission of Human Rights of the Grand-Duchy of Luxembourg.[19]

  1. National Legislation

The government implemented its first asylum legislation in 1996[20] and established its first immigration detention unit in 2002.

This centre de séjour provisoire pour étrangers en situation irrégulière, whose establishment was legally mandated by the Grand-Ducal Order in September 2002, is located in Bloc P2 of the Centre Penitentiaire du Luxembourg (CPL) and is reserved for male administrative detainees. It has a capacity to hold 24 persons. The Jesuit Refugee Service recorded 18 immigration detainees during their last visit to the centre de séjour in August 2008.[21] Three categories of foreign nationals can be held in this centre:

1)people who are found to be residing illegally in the country;

2) asylum seekers;

3) people refused asylum status awaiting deportation.

The Law of 5th May 2006 establishes that the term “international protection” comprehends both refugee and subsidiary protection status.[22] Nevertheless, when the law entered into force in 2006, there were substantial differences between refugee statuship and the subsidiary protection statuship.[23]

[1] The Basics Of Immigration Laws In Luxembourg http://www.expatfocus.com/c/aid=1931/articles/luxembourg/the-basics-of-immigration-laws-in-luxembourg/

[2] Immigration in Luxembourg: New Challenges for an Old Country http://www.migrationpolicy.org/article/immigration-luxembourg-new-challenges-old-country

[3] Luxembourg Immigration Detention Profile https://www.globaldetentionproject.org/countries/europe/luxembourg

[4] International Migration in Luxembourg – Continuous Reporting System on Migration OECD, October 2015, p. 1 – 36.

[5] International Migration in Luxembourg – Continuous Reporting System on Migration OECD, October 2015, p. 4.

[6] Rezervation made in 15 November 1984 upon signature: ,,in all cases where this Convention grants to refugees the most favourable treatment accorded to nationals of a foreign country, this provision shall not be interpreted as necessarily involving the régime accorded to nationals of countries with which the Grand Duchy of Luxembourg has concluded regional, customs, economic or political agreements.’’

https://treaties.un.org/pages/ViewDetailsII.aspx?src=TREATY&mtdsg_no=V-2&chapter=5&Temp=mtdsg2&clang=_en#EndDec

[7] States Parties to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol http://www.unhcr.org/protect/PROTECTION/3b73b0d63.pdf

[8] https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-11&chapter=4&clang=_en#EndDec

[9] https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XVIII-12-a&chapter=18&clang=_en

[10] https://treaties.un.org/Pages/ShowMTDSGDetails.aspx?src=UNTSONLINE&tabid=2&mtdsg_no=XVIII-12-b&chapter=18&lang=en

[11] International Migration in Luxembourg – Continuous Reporting System on Migration OECD, October 2015, p. 2. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:312:0001:0061:EN:PDF (text of the Directive)

[12] Article 20 of the bill no. 6775.

[13] Articles 11 and 12 of the bill no. 6775.

[14] Articles 13-16 of the bill no. 6775.

[15] Article 18 of the bill no. 6775.

[16] Article 19 of the bill no. 6775.

[17] Article 6 (1) of the bill no. 6775.

[18] Bill No. 6679 concerning 1. International protection and temporary protection; 2. Amending the Law of 10 August 1991 on the profession of lawyer, the Law of 29 August 2008 on the Free Movement of Persons and Immigration, the Law of 28 May 2009 concerning the Retention Centre; 3. Repealing the amended Law of 5 May 2006 concerning Asylum and Complementary Forms of Protection.

[19] International Migration in Luxembourg – Continuous Reporting System on Migration OECD, October 2015, p. 7.

[20] The law was amended in 2006 to incorporate European directives on asylum. http://legilux.public.lu/eli/etat/leg/loi/1996/04/03/n2/jo

[21] Luxembourg Immigration Detention Profile https://www.globaldetentionproject.org/countries/europe/luxembourg

[22] Article 2 a) of the amended Law of 5 May 2006, Memorial A-113 of 3 July 2013.

[23] Integration of Beneficiaries of International / Humanitarian Protection into the Labour Market: Policies and Good Practices, Third Focussed Study, 2015, p. 6.

General Facts:

The culturally diverse Grand Duchy of Luxembourg is a small, landlocked country in Western Europe bordered by Belgium, France, and Germany, with a population of 587, 913 people. Her dynamic economy makes it a global hub for finance, banking and insurance; and today is among the wealthiest nations in the world by GDP.[1]

A founding member of the United Nations in 1946 and of NATO in 1949, Luxembourg in 1952 became one of the six countries of what would evolve into the European Union. In 1999, it joined the euro currency area.[2]

Luxembourg has historically welcomed migrant labour, which has played an important role in the country’s prosperous economic development. However, in the face of large influxes of asylum seekers resultant from the wake of the Balkan conflicts, the country’s attitude towards foreigners began to sour.[3]

In 2014 and 2015, due to the refugee crisis, migration became the focus of the economic and socio-political debates, especially during Luxembourg’s Presidency of the Council of the European Union. In the same year, Luxembourg took part in the EU’s resettlement plan by accepting 28 Syrian refugees. Consequentially in 2015 from the framework of the EU discussions of the resettlement of 20,000 migrants, Luxembourg offered to resettle 440 refugees voluntarily. However, that number is currently insignificant in the face of the aggravating migration crises. As such,  Luxembourg took measures to restrict the inflow of migrants (30 per day). Nevertheless, as an emergency response to the migrant crisis in Hungary, Luxembourg offered to resettle 50 Syrian refugees within 2 days’ notice. [4]

The governmental programme of 2013-2018 considers immigration a complex domain with many challenges. It states that immigration and integration are intertwined with reciprocity and shared responsibility of both the migrant and the host country at the core of a successful integration process. The government has taken the necessary measures to provide opportunities to new residents to engage in such shared processes.[5]

Legislation

  1. International Conventions Related to International Migration
  • The 1951 Convention relating to the Status of Refugees (ratified on 23 July 1953)[6]
  • The 1967 Protocol (accession on 22 April 1971)[7]
  • The 1989 Convention on the Rights of the Child (ratification: 7 March 1994)[8]
  • 2000 Human Trafficking Protocol (ratification on 20 April 2009)[9]
  • 2000 Migrant Smuggling Protocol (ratification on 24 September 2012)[10]
  1. EU Directives

During 2014, Luxembourg implemented several EU directives. Directive 2011/36/EU of 5th April 2011 on preventing and combating trafficking in human beings was implemented by the Law of 9th April 2014, which reinforced the rights of victims of trafficking in human beings by criminalising begging and the trafficking of children. Extensive work was undertaken to transpose Directives 2012/32/EU and 2012/33/EU of the Common European Asylum System.[11]

Bill No. 6775 concerning the transposition of the “Reception Conditions” Directive was introduced to the Conseil d’Etat on 6th February 2015. Further government amendments have been introduced by 28th September 2015. It partially includes dispositions that were already established by the Grand-ducal regulation of 8 June 2012: establishing the modalities for granting social aid to international protection applicants, regulates the access of international protection applicants to housing[12] and vocational training[13], monthly allowance[14], schooling of children[15] and employment[16]; and provides for a dignified standard of living for all applicants.[17]

Bill No. 6679 concerning the transposition of the “Procedures” Directive was introduced to the Conseil d’Etat on 19th February 2015.[18] This bill has received until 31st August 2015, three legal opinions: the first one of the Collectif Réfugiés Luxembourg (LFR) on 5th June 2015, the second one of the Council of State of 17th July 2015, and the third one by the Consultative Commission of Human Rights of the Grand-Duchy of Luxembourg.[19]

  1. National Legislation

The government implemented its first asylum legislation in 1996[20] and established its first immigration detention unit in 2002.

This centre de séjour provisoire pour étrangers en situation irrégulière, whose establishment was legally mandated by the Grand-Ducal Order in September 2002, is located in Bloc P2 of the Centre Penitentiaire du Luxembourg (CPL) and is reserved for male administrative detainees. It has a capacity to hold 24 persons. The Jesuit Refugee Service recorded 18 immigration detainees during their last visit to the centre de séjour in August 2008.[21] Three categories of foreign nationals can be held in this centre:

1)people who are found to be residing illegally in the country;

2) asylum seekers;

3) people refused asylum status awaiting deportation.

The Law of 5th May 2006 establishes that the term “international protection” comprehends both refugee and subsidiary protection status.[22] Nevertheless, when the law entered into force in 2006, there were substantial differences between refugee statuship and the subsidiary protection statuship.[23]

[1] The Basics Of Immigration Laws In Luxembourg http://www.expatfocus.com/c/aid=1931/articles/luxembourg/the-basics-of-immigration-laws-in-luxembourg/

[2] Immigration in Luxembourg: New Challenges for an Old Country http://www.migrationpolicy.org/article/immigration-luxembourg-new-challenges-old-country

[3] Luxembourg Immigration Detention Profile https://www.globaldetentionproject.org/countries/europe/luxembourg

[4] International Migration in Luxembourg – Continuous Reporting System on Migration OECD, October 2015, p. 1 – 36.

[5] International Migration in Luxembourg – Continuous Reporting System on Migration OECD, October 2015, p. 4.

[6] Rezervation made in 15 November 1984 upon signature: ,,in all cases where this Convention grants to refugees the most favourable treatment accorded to nationals of a foreign country, this provision shall not be interpreted as necessarily involving the régime accorded to nationals of countries with which the Grand Duchy of Luxembourg has concluded regional, customs, economic or political agreements.’’

https://treaties.un.org/pages/ViewDetailsII.aspx?src=TREATY&mtdsg_no=V-2&chapter=5&Temp=mtdsg2&clang=_en#EndDec

[7] States Parties to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol http://www.unhcr.org/protect/PROTECTION/3b73b0d63.pdf

[8] https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=IV-11&chapter=4&clang=_en#EndDec

[9] https://treaties.un.org/Pages/ViewDetails.aspx?src=IND&mtdsg_no=XVIII-12-a&chapter=18&clang=_en

[10] https://treaties.un.org/Pages/ShowMTDSGDetails.aspx?src=UNTSONLINE&tabid=2&mtdsg_no=XVIII-12-b&chapter=18&lang=en

[11] International Migration in Luxembourg – Continuous Reporting System on Migration OECD, October 2015, p. 2. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:312:0001:0061:EN:PDF (text of the Directive)

[12] Article 20 of the bill no. 6775.

[13] Articles 11 and 12 of the bill no. 6775.

[14] Articles 13-16 of the bill no. 6775.

[15] Article 18 of the bill no. 6775.

[16] Article 19 of the bill no. 6775.

[17] Article 6 (1) of the bill no. 6775.

[18] Bill No. 6679 concerning 1. International protection and temporary protection; 2. Amending the Law of 10 August 1991 on the profession of lawyer, the Law of 29 August 2008 on the Free Movement of Persons and Immigration, the Law of 28 May 2009 concerning the Retention Centre; 3. Repealing the amended Law of 5 May 2006 concerning Asylum and Complementary Forms of Protection.

[19] International Migration in Luxembourg – Continuous Reporting System on Migration OECD, October 2015, p. 7.

[20] The law was amended in 2006 to incorporate European directives on asylum. http://legilux.public.lu/eli/etat/leg/loi/1996/04/03/n2/jo

[21] Luxembourg Immigration Detention Profile https://www.globaldetentionproject.org/countries/europe/luxembourg

[22] Article 2 a) of the amended Law of 5 May 2006, Memorial A-113 of 3 July 2013.

[23] Integration of Beneficiaries of International / Humanitarian Protection into the Labour Market: Policies and Good Practices, Third Focussed Study, 2015, p. 6.

Refugee life in Luxembourg

General Aspects

The immigrant population increased in the 20th century due to the arrival of immigrants from Belgium, France, Italy, Germany, and Portugal, with the majority coming from the latter: in 2013 there were about 88,000 inhabitants with Portuguese nationality.

This first group of Syrian refugees arrived in Luxembourg on 16th April 2014 and were welcomed by the Minister of Family and Integration, as well as representatives of the Luxembourg Reception and Integration Agency (OLAI),[1] the Ministry of Foreign Affairs, IOM and UNHCR.

OLAI is a public agency under the auspices of the Ministry of Family, Integration and Grand Region. It is in charge of implementing the Grand Duchy of Luxembourg’s reception and integration policy.[2] In other words, is in charge of the refugee’s integration in Luxembourg, including organizing their private accommodation, monthly financial support, socio-pedagogical support for their children, administrative assistance, and follow up on the social conditions of the families. Additionally, in collaboration with the Ministry of Education, Children and Youth, OLAI has organized scholarships for the children and French courses for the adults. Through such measures, Luxembourg endeavours to create the best possible conditions for the successful integration of these resettled refugees.[3]

The first wave of public debate in December 2014 was sparked by the mandatory return of several families as their request for international protection was denied. There was some public outrage at police interventions at schools, where children not granted international protection were escorted from school to the detention centre. In addition to the political debate at the national and European level about migration, public engagement on this issue grew. Thus, several civil society initiatives such as welcoming refugees at their arrival and raising funds and commodities for the newly arrived refugees were established at the initiative of individuals.[4]

Issues: Foreign Fighters

In the context of the development of terrorist organisations such as the Islamic State (IS), the departure of six young Luxembourgish residents to Syria in order to fight alongside the IS led to media and political debates regarding this specific phenomenon. Thus, several debates about the terrorist threat posed by IS as well as future measures to be taken in the context of internal security took place in Parliament. On 25th November 2014, the Minister for Foreign and European Affairs announced that a bill, based on the Security Council Resolution of the United Nations, which aims at preventing foreign fighters from joining radical terrorist movements in combat zones, especially Syria and Iraq, would be prepared.[5] The bill was introduced to the Chamber of Deputies on 7th January 2015 by the Minister of Justice.[6]

Luxembourg Policy on Migrants (Key Statements of the Officials)

On 3rd September 2015, Luxembourg Foreign Minister Jean Asselborn sharply criticized Hungarian Prime Minister Viktor Orban for saying that refugees should not come to Europe and Muslims were not welcome in Hungary.[7]

On 9th November 2015, Luxembourg’s Foreign Minister Jean Asselborn announced that refugee crisis could lead to end of the European Union, thereby pushing Europe into war.[8] His comments refer to the decision made by some member states to implement stricter controls along their borders, thereby forcing other countries to take on more of the burden of the refugee crisis.[9]

On 13th September 2016, Luxembourg’s Foreign Minister Jean Asselborn stated that Hungary is ‘not far from shooting refugees’ and should be excluded from EU.[10]

On 19th January 2017, Luxembourg’s Foreign Minister Jean Asselborn called on Brussels to speed up the implementation of its refugee redistribution programme, as winter conditions would make life intolerable for people waiting in Greece and Italy.[11]

Detention Policy

The detention of irregular migrants awaiting deportation was first mandated in the 1972 Aliens Law (Loi concernant: 1° l’entrée et le séjour des étrangers; 2° le contrôle médical des étrangers; 3° l’emploi de la main-d’œuvre étrangère).[12] A more recent law on the circulation of people and immigrants adopted in 2008 (Loi sur la libre circulation des personnes et immigration – Immigration Law)[13], continues to mandate the detention of irregular migrants refused entry into the territory as well as foreign nationals illegally residing in Luxembourg.

Foreign nationals refused entry are initially detained at the airport for up to 48 hours. If they cannot leave voluntarily or be deported within that time frame, they are taken to a secure facility where they are detained awaiting deportation. The Ministry of Foreign Affairs Department of Immigration authorises the detention for a period of up to one month and can authorise the renewal of this order three times, bringing the maximum detention period to four months (Immigration Law, Art. 120).

References:

[1] http://www.olai.public.lu/en/olai/

[2] Ibidem.

[3] http://www.resettlement.eu/news/syrian-refugees-resettled-grand-duchy-luxembourg

[4] International Migration in Luxembourg – Continuous Reporting System on Migration OECD, October 2015, p. 35.

[5] Gouvernement.lu, “D’Krisen iwwerschloen sech. D’Welt steet op der Kopp”, 25.11.2014, http://www.gouvernement.lu/4214621/25-asselborn-declaration-chd

[6] International Migration in Luxembourg – Continuous Reporting System on Migration OECD, October 2015, p. 31.

[7] http://www.reuters.com/article/us-europe-migrants-orban-asselborn-idUSKCN0R32E020150903

[8] http://www.trtworld.com/europe/luxembourg-says-refugee-crisis-to-cause-war-in-europe-10861

[9] Luxembourg’s FM Jean Asselborn warns of EU collapse due to refugee crisis.  http://www.dw.com/en/luxembourgs-fm-jean-asselborn-warns-of-eu-collapse-due-to-refugee-crisis/a-18836312

[10] http://www.independent.co.uk/news/world/europe/hungary-shooting-refugees-excluded-from-eu-luxembourg-foreign-minister-jean-asselborn-a7241251.html

[11] https://www.euractiv.com/section/justice-home-affairs/news/luxembourg-foreign-minister-tells-eu-to-take-refugee-obligations-seriously/

[12] http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=16790

[13] http://legilux.public.lu/eli/etat/leg/loi/2008/08/29/n1/jo

The legal process

The transposition of the EU asylum package brought 2 national laws on 18 December 2015. The first one focuses on procedure and the second one on reception. Together, they are considered as a minor improvement of the previous legislation by NGO’s gathered under the Luxembourgian Refugee Council.[1]

Procedure

The positive aspects of the first Law on procedure are the following:

  • Shortened procedure (6 months or a maximum of 21 months under certain conditions)
  • Clear definition of different types of protection
  • More guarantees for asylum seekers
  • Regularisation of families with children, under certain conditions

The negative aspects according to the same NGO’s are:

  • Complex application procedure
  • Lack of training for the interpreters and lack of language tests
  • Possibilities to send minors in retention center
  • Difficult access to legal assistance
  • Reception

The positive aspects of the first Law on reception are the following:

  • Shortened delay for the access to the job market (6 monts instead of 9)
  • Possibility to create a committee of residents in reception centres
  • More arrangements for vulnerable individuals
  • Clear definition of certain termes

The negative aspects according to the same NGO’s are:

  • Restrictive access to job market
  • Maintaining of the monthly allowance (€25 per adult and half for a minor)
  • Lack of autonomy projects because of an opposition from the State Council

[1] https://ec.europa.eu/migrant-integration/librarydoc/luxembourg-new-asylum-legislation-of-18-decembre-2015

Interviews

A Migrants commentary about the issue.

Molut Haille, an Eritrean who had hoped to reach Britain via Calais but wound up in the Grand Duchy:“I advise people not to come to Luxembourg,” he said. “The main thing is that Luxembourg is not for poor people, it’s for rich people. It’s very expensive, as its name says: Lux-embourg, like luxury. The system is very hard.” “I kill my time learning languages,” he said, admitting that he struggles with French and pointing out that you need to know at least two of the local languages to have any hope of integrating properly.[1]

[1] http://www.politico.eu/article/luxembourg-migration-crisis-eu-asylum-refugees/

  1. Interviews with Volunteers

Nora – a volunteer in a refugee camp when was asked by a reporter why she wanted to help the refugees, stated : I know that they are missing their families who are still in their home country but I want to know what they really think about our culture and lifestyle.’’ Matthieu, another volunteer said “Locals should regard it as their duty to help those people who are fleeing war and poverty and refugees should make their best to integrate themselves.”[2]

  1. Interviews with refugees

Mohamed Al Maeeni an asylum seeker from Iraq who was a mechanical engineer in Baghdad said that right from the first day of his arrival, “I started helping people who didn’t speak English well to translate.” He also volunteered to participate in the cultivation of gardens with a Luxembourgish volunteer group. Mohamed has now signed up with ASTI to find job and he got internship with Red Cross for one month. He stated, “I come here to be active not to sleep and wait for my residency to stay in Luxembourg.’’

Yusif Shabani, a car mechanic and an asylum seeker from Iraq works as a volunteer repairing cars and feels he is “alive with work.”

Haider Sadam, an artist from Iraq stated “I live and breathe for painting and was not going to let the status of asylum seeker stop him from continuing his painting and creativity.’’ Haider submitted more than twenty paintings to an exhibition, one of them at the Luxexpo for European art. He also, together with two other refugees from Syrian and Iran, held a personal exhibition, in the hope of eventually finding a job.[3]

[2] Hind Alharby, The friendly faces who welcome refugees in Luxembourg

https://www.wort.lu/en/community/volunteer-interview-the-friendly-faces-who-welcome-refugees-in-luxembourg-57b2fe4fac730ff4e7f650c6

[3] Ennas Al Sharifi, How refugees can be effective elements in Luxembourg society.

https://www.wort.lu/en/community/an-iraqi-journalist-in-luxembourg-how-refugees-can-be-effective-elements-in-luxembourg-society-57e2501aac730ff4e7f66b91?utm_campaign=magnet&utm_source=article_page&utm_medium=related_articles

Description of what happens if they do not receive the refugee status

  1. Detencion Policy

The detention of irregular migrants awaiting deportation was first mandated in the 1972 Aliens Law (Loi concernant: 1° l’entrée et le séjour des étrangers; 2° le contrôle médical des étrangers; 3° l’emploi de la main-d’œuvre étrangère).[1] A more recent law on the circulation of people and immigrants, adopted in 2008 (Loi sur la libre circulation des personnes et immigration – Immigration Law)[2], continues to mandate the detention of irregular migrants refused entry into the territory as well as foreign nationals illegally residing in Luxembourg.

Foreign nationals refused entry are initially detained at the airport for up to 48 hours. If they cannot leave voluntarily or be deported within that time frame, they are taken to a secure facility where they are detained awaiting deportation. The Ministry of Foreign Affairs Department of Immigration authorises the detention for a period of up to one month and can authorise the renewal of this order three times, bringing the maximum detention period to four months (Immigration Law, Art. 120).

Until November 2016, The Grand Duchy returned 407 failed asylum seekers to their country of origin. The majority were returned to Kosovo (101), Albania (67) and Bosnia-Herzegovina (56).[3]

[1] http://www.ilo.org/dyn/natlex/natlex4.detail?p_lang=en&p_isn=16790

[2] http://legilux.public.lu/eli/etat/leg/loi/2008/08/29/n1/jo

[3] https://www.wort.lu/en/luxembourg/international-protection-in-luxembourg-1-690-asylum-applications-so-far-this-year-58259dff5061e01abe83be1e

Analysis of how the media depicts the refugees in Luxembourg

Luxembourg media generally devote ample reporting on refugee crisis. Luxemburger Wort covers for example, many interviews and analysis on their escape from war[1] and their integration into society. [2]

Molut Haille, an Eritrean who had hoped to reach Britain via Calais but wound up in the Grand Duchy:“I advise people not to come to Luxembourg,” he said. “The main thing is that Luxembourg is not for poor people, it’s for rich people. It’s very expensive, as its name says: Lux-embourg, like luxury. The system is very hard.” “I kill my time learning languages,” he said, admitting that he struggles with French and pointing out that you need to know at least two of the local languages to have any hope of integrating properly.[3] “I thought Luxembourg was a part of Germany,” said Abdel el-Hussein, a 43-year-old Syrian, who, with his wife and three children, fled their native Aleppo. “We had never thought about Luxembourg.”[4]

[1] Adam Walder, How I escaped my life under ISIS in Mosul for Luxembourg available at: https://www.wort.lu/en/luxembourg/from-iraq-to-grand-duchy-how-i-escaped-my-life-under-isis-in-mosul-for-luxembourg-581fc1865061e01abe83b924

[2] More at: https://www.wort.lu/en/luxembourg

[3] http://www.politico.eu/article/luxembourg-migration-crisis-eu-asylum-refugees/

[4] The big thing missing from Europe’s solution to the refugee crisis? Refugees. https://www.washingtonpost.com/world/europe/the-big-thing-missing-from-europes-solution-to-the-refugee-crisis-refugees/2016/01/10/0bb0de88-b315-11e5-8abc-d09392edc612_story.html?utm_term=.ad84860e19e9

The subjective perspective

Luxembourg being one of the EU countries which encourages perhaps the most vocal through its officials the compliance with the international conventions on refugees continues to lead a policy of helping refugees trying to find practical and sustainable solutions despite the fact that more and more Europeans are against their receipt.

However, despite Luxembourg’s wealth, it is far from the beaten path of the migrant trail. Expensive housing, a lack of jobs outside the banking sector and the confusion that comes with having three official languages are all deterrents. So is the fact that Luxembourg, with a smaller population than the District of Columbia, is a virtual unknown among refugees. The grand duchy received about 2,500 asylum applications last year — or less than a quarter of 1 percent of the German total.

Luxembourglx

Capital: Luxembourg
Location: Western Europe
Founder of the European Union
Currency: Euro
Population: 537,000
GDP:
Min. wage:
Poverty line:
Population under poverty line:

IWB Researchersforwebsite

Alex Suciu 

Alex Suciu is a law student at Petru Maior University of Targu Mures, Romania. He is intrested in the field of Public International Law especially in Law of The Sea, Treaty Law and International Environmental Law. As a student he attended numerous conferences, summer schools and international law competitions. The greatest achievement in this regard is his participation at Telders International Law Moot Court Competition (the Hague, The Netherlands) and Willem C. Vis International Commercial Arbitration Moot (Vienna, Austria).

Alex is also interested in the European refugee crisis, so he is taking part in the IWB for Refugees project. He looks forward to finding the best legal solutions in order to help refugees.

Would you like to join the campaign?
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on 21 September 2015

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