Reply to the application Sample Clauses

Reply to the application. As soon as a complete readmission application reaches the competent authorities of the readmitting state, these have to reply without ‘undue delay’ and not exceeding a certain time limit.174 It is the date of receipt that launches the time limit countdown. The requested country may accept the application, issue a motivated refusal or not reply. In case of the latter, the requesting country will be deemed to have accepted to readmit the person concerned. This is the second situation175 where in case of a lack of response, the requested country is deemed to concede the request. In this regard it is important to note that no, save one, readmission agreement provides for the confirmation of receipt of the readmission application. The only exception is Russia, whose time limit to reply to the procedure only starts running after a confirmed application. When also the travel document does not require cooperation from the requested state, it may very well be that the receiving country is unaware that the person concerned is being returned. This possible lack of preparation of the return of the returnee can be detrimental to that person. Situations where the migrant has no one to rely on are not uncommon. Illustratively, nearly 50% of the MI.RE.M survey of Algerian, Moroccan and Tunisian compelled return migrants indicate that their financial situation has deteriorated compared to before they migrated to a third country. The main problems return migrants are confronted with are difficulties of reintegration such as continuous unemployment, low wages but also difficulties with the public authorities and a lack of an efficient Public Healthcare System.176 Accordingly, return migrants need to prepare their return carefully. The only protection against unknown and unprepared return provided by readmission agreements are the concrete arrangements both parties have to make to facilitate the readmission. The partner countries must set a transfer date, the manner and point of entry. This provision in article 9 or article 11 reduces the chances of entirely unknown readmissions. Nevertheless it seems as if an extra safeguard, such as a confirmation, should be built in. 173 Article 7, §2, b) or article 5, §2, b) of the agreement. 174 See annex and article 10 §2 or article 8 §2 of the agreement. 175 See supra on the EU standard travel document. 176 X. XXXXXXXXX, (ed.), Return Migrants to the Maghreb Countries: Reintegration and development challenges, MIREM General Report 2008...