The law of January 19, 2012 modifying the Asylum Seekers Reception Act introduced the concept of a “return track” for asylum seekers. This is a framework for individual counseling on return, offered by the Federal Agency for the Reception of Asylum Seekers (Fedasil), whereby priority is given to voluntary return.

New instructions implement this return track in the reception centres. Starting from the first of August 2012, all asylum seekers get return accompaniment in the reception facilities. From the first of September onwards, failed asylum seekers are transferred to return facilities in open reception centres.

The return track starts with informal counseling, followed by a more formal phase. In an informal phase, asylum seekers are informed on the possibilities of voluntary return. This is done from the moment they file their asylum request.

The next formal phase consists of two parts. (1) In the course of five days following a negative first instance decision by the CGRS on the asylum request, asylum seekers in the reception facilities are formally offered return accompaniment (during the period to introduce appeal or the period foreseen by the order to leave the country). An individual project of return must be elaborated and signed by the person involved. The Immigration Department must be informed.

(2) The moment a negative appeal decision is taken by the Aliens Litigation Council, the person is transferred to special (open) return places foreseen in certain federal reception centres (still under the reception law), where the return accompaniment continues. During the period of validity of the order to leave the country (in principle 30 days), the authorities will not carry out a forced return and all effort will be put on voluntary return. When the period foreseen by the order to leave the country elapses and the return project was evaluated in a negative way (no willingness for voluntary return), the Immigration Office can start a forced return (including administrative detention).