Out of sight, out of mind? - The protection of failed asylum seekers

Abstract

The return of failed asylum seekers is an integral part of each state s migration management policy and border control. However such returns must be balanced by respect for human rights. This is especially pertinent in a time when the Norwegian government has made it a major focus of policy to step up their effort to return failed asylum seekers. The purpose of this thesis has therefore been to analyze what the responsibilities of the Norwegian government are towards failed asylum seekers who are forcefully returned. In answering this question, it has been argued for the existence of an extraterritorial obligation to investigate allegations of ill-treatment in the post-return phase. Several dilemmas and chal-lenges present itself in this phase, lack of knowledge being one of them, another being the lack of priority from the political government in Norway. Additionally it seems that the mechanisms put in place function more as a warning sign, than actual protection of the returnee. It concludes that the responsibilities ensure the protection of the failed asylum seeker to a certain degree, but there is a lack of information about the effects of the return. It has, therefore, become apparent that the government can do more to protect failed asy-lum seekers.