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Ad-Hoc Query on the Return Directive (2008/115/EC) Article 15(6) (pdf, 370 kB)

Summary

Article 15 (6) a) of the Return Directive provides that the Member States may extend the detention period in case if the removal operation is likely to last longer owing to a lack of cooperation by the third-country national concerned.

The Immigration Law of the Republic of Latvia Article 51 foresees that a decision on detention of a foreigner may be taken if there are grounds to believe that he or she will avoid the removal procedure or will impede the preparation thereof or there is a risk of absconding of the foreigner, and it is substantiated by any of the circumstances, one of them is: the foreigner is hiding his or her identity, provides false information or refuses to co-operate in other ways, etc.

In the context of court proceedings in Latvia, they wish to know how 'refusal to cooperate' is interpreted in other countries, and ask the following:

1) Whether the wording “a lack of cooperation by the third-country national” or the wording “the foreigner refuses to cooperate” is used in Your country?
2) Whether the meaning of this wording is defined?
3) Whether it is defined in the national legislation of Your country? If yes, please provide the wording of the article of Your national ruling act, if it is possible.

20 countries responded to the query.