Human rights groups have cried foul at new rules agreed today to clamp down on illegal immigrants in the European Union. EU ministers say the 'return directive' is necessary to set clear, standard rules on how to deal with migrants who stay in a country beyond their visa period.

Under the legislation, those who refuse to go back to their country of origin voluntarily could be forcefully removed and banned from coming back to EU territory for five years.

Most controversially, the new law - which still has to be approved by the European Parliament - will make it possible to detain an irregular migrant for up to 18 months, a time-limit which exceeds current time lines in most EU states.

'Treated like criminals'
Bjarte Vandvik, Secretary General, European Council on Refugees and Exiles (ECRE), says the extended detention period is tantamount to treating migrants as criminals:

"We welcome a Directive but not at all costs. It's understandable to detain someone for a short time while they await deportation but when the time margin is so wide, it becomes punishment," he says. "We're very worried that this could also include families and unaccompanied minors."  What is the return directive?

EU ambassadors have agreed common rules to tackle illegal immigration, making it possible to detain irregular migrants for up to 18 months.
The rules will not cover asylum-seekers, but all those who overstay their visa period will be affected.
It will be up to EU member states' governments to decide whether to deport the immigrants or regularise them. But in most cases they will be given two options - to return home voluntarily or face deportation.

According to European Commission estimates, there are currently up to 8 million illegal immigrants living in the EU.  

The directive comes as governments in Italy and France have threatened to introduce harsher measures to fight immigration.

"I worry that this law is there as a deterrent, as a message to those who want to come here that they will be treated badly,"

says Mr Vandvik, adding that the number of migrants and refugees coming to Europe reached its lowest-numbers in 2006.

Necessary legislation
But the criticism has been swept aside by many European politicians. Dutch MEP Jeanine Hennis Plasschaert from the right-wing VVD party says:"This is complete nonsense. There's no way that illegal migrants will simply be thrown into jail."  She says the standard period of detention in the EU would be six months, to be extended "under strict conditions" for a further 12 months only if necessary. In any case, only a tiny minority of migrants - one per cent - would face long-term detention, she adds. "A lot of these new rules are theoretical and will seldom have to be applied, and it does not apply to legitimate asylum-seekers."

Ms Hennis-Plasschaert also rejects concerns, expressed by Amnesty International, that a five-year ban on returning to Europe after expulsion is inhumane as it does not take account of a possible change of circumstance:

"Not everyone who's been thrown out of Europe will be banned from coming back. I understand that migrants are in search of a better life in Europe, but at the end of the day, they also have to realise that they are breaking the law."

The directive has been delayed for months, most recently over demands by the European Parliament that EU states should be forced to provide immigrants with legal aid. Although a compromise on this has been reached - member states are encouraged to offer legal aid - the vote on 17 June is likely to be tight, with socialists politicians still voicing concerns about the rights of immigrants.

What is the return directive?
EU ambassadors have agreed common rules to tackle illegal immigration, making it possible to detain irregular migrants for up to 18 months.
The rules will not cover asylum-seekers, but all those who overstay their visa period will be affected.

It will be up to EU member states' governments to decide whether to deport the immigrants or regularise them. But in most cases they will be given two options - to return home voluntarily or face deportation.

According to European Commission estimates, there are currently up to 8 million illegal immigrants living in the EU.