Regulation on financial support for voluntary return in accordance with the Foreign Nationals Act

The Minister of Justice has issued a regulation on financial support for voluntary return in accordance with the Foreign Nationals Act. The Act is in force from the 19 June 2023. 

REGULATION

on financial support for voluntary return in accordance with the Foreign Nationals Act

Article 1

Scope

Where a foreign national has withdrawn his/her application for international protection, received a negative decision on his/her application for protection, or been denied examination in substance, and a decision to assist with voluntary return has been made, as the case may be in cooperation with an international organisation, the cost of airfares, travel support and/or reintegration support may be paid to the person. Foreign nationals from countries that the Directorate of Immigration has listed as safe countries of origin, or those receiving assistance with a return to countries on that list, are, however, not eligible to receive reintegration support.

A foreign national is eligible to receive support under this Regulation only once.

Article 2

Definitions

“Payment of airfares” means payment of an airline ticket from Iceland to the home state or the receiving state.

“Payment of travel support” means payment in cash intended for the purchase of necessities during travel.

“Payment of reintegration support” means support that is intended to promote successful reintegration of the person in question in their home state or receiving state and help with readaption. This support is generally paid out in the state in question and can, for example, be used to pay rent, for education, work or other projects, in cooperation with an international organisation.

Article 3

Amounts paid

Amounts of financial support are paid out according to the table below.

The amount of reintegration grants depends on whether the home state or the receiving state falls under category A or B and takes into account the stage at which the request for assistance with the return is made.

The Directorate of Immigration is required to maintain a list where countries are classified, update it as needed and publish it on the Directorate’s website. When determining which of the two categories is applicable to the country, the Directorate can, inter alia, look at how difficult it has been to remove foreign nationals to that country, the cost of getting there and readapting, as well as the gross domestic product of the country.

Where a foreign national chooses not to use the support for special reintegration projects he/she can, with the approval of the international organisation in question, receive part of the grant in cash. However, no more than half of the amount detailed in the table can be paid out in cash. In exceptional cases it is, however, permissible to pay out the whole reintegration grant in cash under specific exceptional circumstances in the home state or the receiving state, e.g. in case of hyperinflation or when no partners of the Icelandic authorities are active within that state.

Article 4

Exemptions

A foreign national who is present in Iceland when this Regulation enters into force, may be granted additional support in accordance with the table in Article 3, even if his/her time limit for voluntary return has expired, if he/she so requests within 60 days of this Regulation entering into force.

It is permissible, in exceptional circumstances, to provide travel and/or reintegration support where the applicant is not eligible to receive such support under Article 1. This does not apply, however, if the person in question has received international protection in a Schengen Member State. Such support would especially be considered in the case of families with children where every family member has requested support. The same may apply to foreign nationals who are considered to be, in the opinion of the authority in question, in an especially vulnerable position, or if the authority in question considers that the applicant has need, for other reasons, for special assistance in connection with removal. When determining whether an applicant is eligible to receive support, account shall be taken, inter alia, of his/her state of health and social situation.

Article 5

Entry into force

This Regulation is made under powers conferred by Article 104(8) of the Foreign Nationals Act No 80/2016, as amended, and comes into force immediately. At the same time, the Regulation on Reintegration Support and Travel Support No 961/2018, as amended, is repealed.

Ministry of Justice, 5 June 2023

Jón Gunnarsson

Bryndís Helgadóttir

Regulation on financial support for voluntary return in accordance with the Foreign Nationals Act