A/HRC/4/24
page 13
68.
In Germany, the Residence Act (cf. sect. 59 (2)) provides for the possibility of
deportation to a third country if the country allows the foreigner to enter or is obligated to admit
the foreigner. In principle, foreigners are to be deported to their country of origin. In some
cases, it could be possible to deport foreigners to a third country, only if the third country allows
deportation or if the foreigner has a right of residence in a third country and it is more expedient
to deport him/her to that country rather than the country of origin.
69.
In Japan, according to article 53 of the Immigration Act, which regulates the destinations
of deportees, it is possible to expel non-nationals to countries other than their countries of origin
(countries of which they are nationals or citizens). In article 52 of the revised Immigration Act,
which came into force on 24 November 2006, a person who has received permission for
departure at his/her own expense can be sent to an accepting country other than his/her home
country.
70.
In Moldova, foreigners are expelled to the country of his/her nationality or the one that
issued him/her an identification document or, based on international treaties, to the country from
which he/she entered Moldova. The Government has signed agreements of readmission with
eight States.
71.
Spain has signed bilateral agreements which allow not only for the readmission of
non-nationals to their own countries, but also their readmission to transit third countries.
72.
The Syrian Arab Republic also has agreements with the Office of the United Nations
High Commissioner for Refugees and the International Organization for Migration to send
a person to a third country on condition that the person is not in possession of a criminal
record.
D. Conditions for admission/stay
Question: Please provide information regarding conditions for admission of non-nationals as
migrants into your country, in particular: language proficiency requirements, pledges and
promises required, questionnaires to be filled, etc. Indicate recent changes in such legislation.
73.
The Special Rapporteur regrets the maintenance of a pattern among recipient countries of
resisting the recognition of the endogenous demands of the labour force of irregular migrants.
Given this endogenous labour demand, much could be advanced in the combat against irregular
migration if countries of destination issued statistical information on an annual basis about the
sectors of their economies where there is a de facto demand for irregular migrants and about the
basic socio-economic characteristics of their respective contingent of irregular migrants. Such
quantitative information could lead to better practices of management of international labour
markets involving irregular migrant workers. It also could lead to practices of more rational
economic planning of de facto international labour markets, following the same rationale that has
given rise to the issuing of quantitative information for de jure international labour markets as
the Organization for Economic Cooperation and Development does.
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