In recent years, the EU and its Member States have been increasing efforts to make return policies more effective. The creation of ‘return hubs’ in third countries is one of the debated measures which are part of the toolbox to enhance the effectiveness of returns of third-country nationals without the right to stay in the EU. The underlying idea of setting up a return hub in a third country is to have a location outside the EU where returnees can be accommodated until the Member States and/or Frontex implement their return to the country of origin.

The FRA released a legal analysis presenting its initial position on the planned creation of ‘return hubs’ in third countries as a measure to increase effective returns. The Agency stresses that "return hubs are not a rights-free zone. Member States and/or Frontex remain accountable for those rights violations in relation to their conduct after the returnees are transferred to the hub".

The FRA further details the conditions that would have to be met for return hubs to respect fundamental rights and comply with EU law. The conditions include a legal and enforceable decision for each returnee, compliance with existing EU rules on return, an agreement with the host country, lawful treatment of non-EU nationals in the hub and effective and independent human rights monitoring mechanisms.

For further information, please read the position paper attached below.