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Staying illegally in Albania

Staying illegally in Albania, here’s what you need to know.

The process of “selection” of foreigners is carried out at the border or within the territory and aims to determine the category of the illegal immigrants, classifying them as:

  1. subject to refusal of entry;
  2. applicant for international protection;
  3. potential victim of trafficking;
  4. illegal immigrant;
  5. unaccompanied minor.

PROCEDURE FOR THE REFUSAL OF ENTRY

Foreigners may be refused entry to Albanian territory in the following cases:

  1. During the documentation check and the preliminary interview
  2. When it is determined that the foreigner does not meet the criteria to enter the territory of the Republic of Albania, the foreigner is notified for the refusal of entry.
  3. If it is found that the foreigner uses a forged document, in this case the travel document is blocked.
  4. The document for the refusal of entry, along with the copy of the blocked travel document, as well as a copy of the act of blocking, is given to the foreigner.
  5. The state authority responsible for the treatment of foreigners follows the procedure of voluntary execution of the fine imposed by the authority of the border crossing point.

DEPORTATION PROCEDURES OF UNACCOMPAINED FOREIGN CHILDREN

Regarding the situation of the child, the local state authority responsible for the treatment of foreigners, if it assesses that the unaccompanied child should be returned issues the deportation order.
The deportation order of the unaccompanied child is immediately notified to the State Agency for the Protection and Rights of the Child and the PMF that has followed the implementation of the individual child protection plan.
The unaccompanied child, through the designated legal guardian, has the right to administrative and judicial appeal, according to the legislation in force.
The deportation order is not enforced until the appeal process is completed.
Within 3 (three) days from the moment of issuing the deportation order for the unaccompanied child and his return, the responsible state authority prepares the child’s return plan.
In determining the return method for transporting the child, the best interest of the child is taken into consideration.

DEPORTATION OF FOREIGNERS FROM THE TERRITORY

The period of the entry ban is defined in the deportation order.
The responsible local state authority imposes a fine both on the foreigner subject of deportation and on public, legal or physical persons, local or foreign, according to the provisions of Article 141 of Law no. 79/2021, “On foreigners”.
The central state authority responsible locally for the treatment of foreigners, after finding the foreigner as an irregular immigrant, issues the deportation order for the foreigner.
The Minister of Interior Affairs, based on the proposal of the authorities responsible for the treatment of foreigners, issues the deportation order for the foreigner declared as an unwanted person, informs the foreigner about the issued act.
In the case where the asylum seeker is denied asylum status, the responsible central state authority undertakes initiatives to return the foreigner to the country of origin.

VOLUNTARY ASSISTED RETURN

After the official notification by the responsible local authority, the central state authority takes measures by officially requesting the assistance of the IOM to enable the assisted voluntary return of the foreign citizen to the country of origin. The citizen, subject to the assisted voluntary return, is not subject to an administrative or financial penalty upon exiting the territory.

FINES

The responsible local authority, according to the provisions of the Code of Administrative Procedure, carries out the forced execution of the fine due to the foreigner or the subjects, if the fine is not voluntarily executed by them within 1 month from the date of communication of the fine.

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