Doc. 7676
2 October 1996

MOTION FOR A RESOLUTION on the forced separation of families in the case of the repatriation of illegal immigrants or of persons whose applications for asylum have been rejected

presented by Mrs AGUIAR and others

1.       Many illegal immigrants or persons whose applications for asylum have been rejected are married to nationals of the European country where they are living or have children who are nationals of that country.

2.       Unfortunately, it is sometimes the case that such persons are sent back to their country of origin. In this event, they either have to leave their spouses and children behind, or the latter have to go with them to countries with which they are often completely unfamiliar.

3.       Even though persons repatriated in this way may usually apply to return for reasons of family reunion, the processing of their applications is often slow and the outcome uncertain.

4.       The Assembly stresses that repatriation of this kind violates Article 8 of the European Convention on Human Rights which guarantees all individuals the right to respect for their private and family lives.

5.       The Assembly therefore calls on member states:

-       not to repatriate illegal immigrants or asylum-seekers whose applications have been rejected in cases where repatriation would pose a threat to the unity of their families;

-       to legalise the residence of such persons for humanitarian reasons.

Signed:

(see overleaf)

Signed: 1

Aguiar, Portugal, LDR

Pereira Coelho, Portugal, LDR

Luís, Portugal, SOC

Gross, Switzerland, SOC

Guirado, Spain, SOC

Atkinson, United Kingdom, EDG

Mészáros, Hungary, LDR

Iwinski, Poland, SOC

Vermot-Mangold, Switzerland, SOC

Fehr, Switzerland, LDR

Noveská, Czech Republic, SOC

Frankl, Czech Republic, EDG

1 ¹       SOC : Socialist Group

      EPP : Group of the European People's Party

      EDG : European Democratic Group

      LDR : Liberal, Democratic and Reformers Group

      UEL : Group of the Unified European Left