Summary Carriers’ obligations - Airlines and immigration control

Why and how was privatisation implemented in migration policy, what were the consequences and what lessons can be distilled from this process? This advisory report answers these question on carriers' obligations.

Recommendations

  1. Abolish the policy rule in the Aliens Act Implementation Guidelines that sets out a procedure enabling carriers who are considering whether or not to transport an undocumented or an improperly documented foreign national, who alleges that his life is in immediate danger, to submit this matter to the IND.
  2. Consider whether an obligation for carriers should be laid down in a generally binding regulation, if an undocumented or an improperly documented passenger claims that his life is in immediate danger, to approach the IND to assess whether there is a reason to transfer the passenger to the Netherlands.
  3. Lay down in a generally binding regulation that carriers record the number of refused passengers and the reasons for refusal, and that they periodically report on this to the Ministry of Justice and Security.