Europe will soon be able to send rejected asylum seekers to wait for deportation outside its borders. EU ministers sealed the plan today, though nobody knows yet where the first return hub will open.
On Thursday, 1 October, EU interior ministers meeting in Luxembourg formally adopted the new Return Regulation. It creates a common framework for return procedures. For the first time, it also gives member states a legal basis to set up so-called ‘return hubs’ in third countries. Irish Justice Minister Jim O’Callaghan, whose country currently holds the rotating presidency of the Council of the EU, announced the formal adoption even before the vote, as he arrived at the meeting. “We will formally adopt the regulation on returns, which represents a very significant achievement for the EU,” he said.
The search for a host country is now under way. On Monday, Greece said it had already agreed on an African partner, but refused to name it. Germany is in talks with third countries and hopes to strike a deal by the end of the year. Rwanda and Uganda are among the names in circulation, yet no government has confirmed a destination so far.
Group of Five’s African gamble
Greece, Germany, Austria, Denmark, and the Netherlands, the so-called ‘Group of Five’, have worked for months on a plan to set up a return hub outside the EU. Greek Migration Minister Thanos Plevris told the Greek broadcaster ANT1 that the first centre could open in the second half of 2027. That would coincide with Greece’s next presidency of the Council.
According to Mr Plevris, an African partner country has already committed to the project, though he did not disclose its name. Diplomatic sources have repeatedly mentioned Rwanda and Uganda as possible locations. Uzbekistan has also emerged as an option in Central Asia, although its foreign ministry has denied any such plans. At Thursday’s meeting of the Justice and Home Affairs Council, however, no government officially confirmed any of the three as host of the first hub.
Mr Plevris also stressed that the hubs would not be closed facilities for processing asylum applications. Instead, they would house people whose asylum claims authorities have already rejected and who face a return decision. The plan envisages “open facilities”, from which officials would organise the person’s return to their country of origin.
Berlin’s talks behind closed doors
On his arrival, German Interior Minister Alexander Dobrindt confirmed that Berlin is working with the other four countries to reach an agreement with a third country. “For some time now, we have been discussing the so-called Return Hubs. These are innovative solutions that are now being given a definitive legal basis,” he said. According to Mr Dobrindt, Germany is already preparing negotiations and has identified potential interlocutors outside the EU, but he declined to name them.
It is therefore something that will still take some time, but I assume that we will be able to reach an agreement during the course of this year. — Alexander Dobrindt, German Interior Minister
“We are concretely involved in organising the preparations for these negotiations. There are interlocutors outside the European Union,” he explained. Any agreement, he added, would have to be sustainable in the long term and withstand potential legal challenges. “It is therefore something that will still take some time, but I assume that we will be able to reach an agreement during the course of this year,” Mr Dobrindt said.
Mr Dobrindt spoke as EU governments formally approved the legal framework for return hubs. Under the new rules, member states can transfer people with a return decision to a facility in a third country. This requires an agreement or arrangement between that country and an EU member state or the EU itself. Governments can only strike such deals with countries that respect international human rights standards and international law. That includes the principle of non-refoulement, which bans sending people to places where they face persecution or serious harm. The rules exclude unaccompanied minors, but not families with children.
The model also differs from earlier offshore plans in Britain, Denmark, and Italy, which targeted asylum seekers or newly arrived migrants. Return hubs concern only people who already have a return decision and no legal right to remain in the EU, as the Council has stated. Rather than assess claims for international protection, the hubs would serve either as a final destination or as transit points for onward return to the country of origin. The five countries are also weighing a model under which legal responsibility for people in the hubs would stay with the participating member states.
More than return hubs
The regulation goes beyond return hubs. It also introduces a common European Return Order. This standardised form sets out the key elements of a return decision. It should help member states recognise each other’s return decisions. For now, mutual recognition will remain voluntary. The European Commission will review the system three years after the regulation enters into force. It could then propose making recognition mandatory.
The new rules also tighten obligations on people without a legal right to stay. They must leave the member state concerned and cooperate with national authorities. The penalties for refusing depend on national law. They range from fines and cuts to certain benefits to the loss of incentives for voluntary return. Some countries may even impose criminal sanctions.
For people considered a security risk, the regulation goes further. It allows indefinite entry bans where justified and proportionate. In certain circumstances, it also allows detention beyond 24 months. The regulation enters into force the day after its publication in the Official Journal of the EU. The rules on return hubs will apply immediately, while provisions that require preparatory work will follow 12 months later.
