Detention of third-country nationals in return procedures
Figure 6: Existence of alternatives to detention in national law, EU27
Existence of alternatives to detention
No alternatives to detention
Source: FRA, September 2010
the UK (Scotland), where normally a bail bond between
£2000-£5000 would be required, the authorities are
allowed to accept a symbolic amount, for instance of
£5.261 The authorities may also request sureties from
people who are willing to stand in for the applicant.
The UK is one of the few countries where this is foreseen,
but sureties can only be requested “if that will have the
consequence that a person who might not otherwise be
granted his liberty will be granted it”.262
261 See UK, Operational Enforcement Manual 2008 at 57.6.
262 UK, Operational Enforcement Manual 2008 at 57.6. These should not be
routinely required, as the persons concerned may not have relatives or
friends in the country.
50
Regular reporting requirements to the authorities
The obligation to report at regular intervals to the
police or immigration authorities is one of the more
recurrent forms of alternatives found in national
legislation.263 Reporting duties may be imposed as
an additional requirement to the duty to reside in a
specified area or location.
263 See, for example, Austria, Aliens Police Act, Section 77.3, Bulgaria,
Law on Foreigners at 44.5; Germany, Residence Act at Section 61.1;
Denmark, Aliens Act at Article 34.1; Finland, Aliens Act at Article 118;
France, CESEDA at Art. 552-4; Ireland, 2003 Immigration Act at 5.4.(b)
and 2004 Immigration Act at 14.1(b); Lithuania Aliens Act at 115.1;
Malta, Immigration Act at 25A.13; Poland Act on Aliens at 90.1 at 3;
Portugal 23/2007 Act at 142; Slovenia, Aliens Act at 59.2 and 59.3
where duty to reside at a particular location can be combined with
reporting requirements.
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