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The Provisions On Forced Expulsion Of Foreigners, Laissez-Passer And Its Service

Original Language Title: Noteikumi par ārzemnieka piespiedu izraidīšanu, izceļošanas dokumentu un tā izsniegšanu

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Cabinet of Ministers Regulations No. 454 in Riga on 21 June 2011 (pr. 10. No 39 §) rules on foreigners forced expulsion, and the issue of exit documents issued in accordance with the immigration laws of the second paragraph of article 50.3 and 50.5 the second paragraph of article i. General questions 1. determines the forced expulsion of foreigners, as well as the exit of the agenda document model (annex 1) and the procedure for issuing it.
2. the meaning of these provisions protect vulnerable persons are minors, disabled persons, foreigners foreigners, which the Republic of Latvia awarded old age pension, pregnant, not full family (only a father or mother) with minor children and persons who have suffered from severe psychological, physical or sexual violence.
II. Foreigners forced expulsion procedures 3. If a decision on forced return of foreigners (hereinafter the decision) adopted the citizenship and Migration Board (hereinafter the Board) the Chief or his authorized officer, manages to send in one working day for the execution of the National Guard. If the decision was made to this rule in accordance with the 25 foreigners, administration in addition to writing inform the custodial authority.
4. If the decision is taken the national border guard Chief, or his authorized officer, the State border guard of three working days, inform the administration.
5. Welcome with the decision confirmed by the signature of the foreigner and receives one copy of the decision. If a foreigner refuses to sign the welcome with the decision, the State border guard officer on the mark decision and issue a copy of the decision to the foreigners. A foreigner is entitled to explain in writing the reasons for the waiver.
6. State border Administration informed in writing of its decision.
7. the implementation of the forced removal of foreigners expelled to his country of nationality. If this is not possible, the foreigners expelled to a third country, from which he entered, or another third country, in which he has the right to enter (hereinafter referred to as the country of destination).
8. The provisions of paragraph 7 shall be without prejudice to the conditions of forced expulsion of foreigners, the Republic of Latvia on the basis of binding international agreements on the return of persons residing illegally in the territory of the country (hereinafter referred to as the re-admission agreement).
9. at all these rules for the preparation of the performance of the activities of the foreigners forced expulsion is implemented as soon as possible.
10. Foreigners implementation of the forced return of the State border guard of the obtained all the necessary documents (such as travel (return) documents, visas, insurance document), as well as arranging transportation and escorting foreigners guarding supervision (hereinafter referred to as the convoy).
11. the forced expulsion of Foreigners can be implemented, the foreigners to konvojēj: 11.1. border crossing points of the Republic of Latvia;
11.2. the removal of a route crossing points of the country of transit;
11.3. border crossing points of the country of destination;
11.4. the foreigner's domicile or a specialized body in the country of destination. The conditions referred to in this subparagraph may be applied only to vulnerable persons.
12. When deciding on the convoy of foreigners to this provision in paragraph 11 the location above, scored the following: 12.1 the health status of foreigners;
12.2. the psychological characteristics of foreigners and the possibility of escape;
12.3. the availability of direct flights;
12.4. the removal of a route transit consent to implement forced expulsion of foreigners through the territory of that State;
12.5. the conditions for membership of the organisation in the Member States of the European Union total removal operation;
12.6. the need to protect vulnerable persons to put a family member, a legal representative or a representative of the specialized agencies.
13. If foreigners forced expulsion is implemented using air, land or sea, the State border guard of the respect the relevant transport regulatory laws and requirements.
14. in implementing the provisions of the forced return referred to in paragraph 11 of the cases, the State border guard of the foreigner in the catering and transport costs to cover the amount of money provided for 20 lats, which is offset from the policy of the European Union programmes or other foreign financial assistance. The amount of money in cash shall be issued against the signature. The minor amount of money intended for foreigners issued by his legal representative.  
15. If the foreigner does not have a valid travel document (except when the procedure has been initiated for re-admission), sent to the State border guard of the Ministry of Foreign Affairs Consular Department (hereinafter referred to as the Consular Department) request to turn the national diplomatic or consular office of the travel (return) to receive and be accompanied by the following documents: 15.1. fill the foreigners a questionnaire (annex 2);
15.2. the fingerprint card for foreigners;
15.3. the four matte colored photographs (35 x 45 mm), made of one fotonegatīv and is in a block;
15.4. the completed national sample questionnaire specific travel (return) to receive (if that country's diplomatic or consular office);
15.5. foreigners in the application for a travel document of the country receiving the diplomatic or consular representation. A person based in the application need to receive travel documents (return);
15.6. other documents or evidence justifying a crackdown the national diplomatic or consular representations (if any).
16. A foreigner who refuses to write this rule 15.5. referred to in an application, you can provide an explanation for the refusal. An explanation of foreigners adds this provision referred to in paragraph 15 of the document or the covering letter with which those provisions referred to in point 15 of the travel documents (return), the document indicates that the foreigner refused to write an application and provide explanations of the reasons for the refusal.
17. the Consular Department at the country's diplomatic or consular representation issued foreigners travel (return) of one working day of receipt of the document at the time of their transfer to the National Guard.
18. Where national diplomatic or consular representation is denied a foreigner (return) of the travel document, the Consular Department in one workday in writing, inform the State border guards. 
19. the national border guard has the right to invite foreigners to the nationality of their State officials to identify the foreigners and to issue him travel documents.
20. The State border guard of the forced expulsion of foreigners limits implemented for a certain period of time, if the foreigner's health: 20.1. to prevent the exercise of forced return;
20.2. the implementation of forced return is not possible, for technical reasons or delayed foreigners travel (return) the issue of the document;
20.3. finds immigration law article 47 in those circumstances.
21. State border guard officials no later than 12 hours before the start of the expulsion verbal language, which the foreigner understand or which he reasonably should be understood, inform returnees about the planned expulsion of foreigners, as well as changes in the implementation of the forced return.
22. before deportation of foreigners implementation carried out a medical examination (examination), to ensure that his State of health allows you to travel.
23. If it is not possible to obtain a travel document for foreigners (return), the State border guard of the expelled foreigners with exit document issued in accordance with the rules of procedure provided for in chapter IV, if the country agrees to take foreigners to the appropriate document.
24. the National Guard, through the forced expulsion, the decision to make a mark on the exodus of foreigners.
III. organisation of forced return in case the foreigner after release from prison authorities do not have the right to reside in the Republic of Latvia 25. Custodial authority within 30 days after the foreigner's insertion of a custodial institution shall inform: 25.1. National Guard for foreigners who are either sentenced under the criminal law, the expulsion of the Republic of Latvia;
15.7. the National Guard and the Administration on foreigners, which is not a Member State of the European Union, the countries of the European economic area or the Swiss Confederation.
26. Providing information about this rule referred to in paragraph 25 foreigners, custodial authority prepares a statement (annex 3) and then add: 26.1. a copy of the Court judgment or ruling statement (with an indication of the judgment of the Court of final);
26.2. foreigners living describes a copy (the original is sent the National Guard);
26.3. foreigner's identity document (if applicable);
16.4. alien travel document (if applicable);
26.5. foreigners in the explanatory memorandum of the questionnaire (annex 4) (the original is sent to the National Guard).
27. the custodial authority, notice of the rules referred to in paragraph 25 of the foreigners who do not have travel documents, in addition to this provision, 26.2 26.1, 16.3 and 26.5. the documents referred to in the National Guard to send the rules referred to in paragraph 15 of the document.

28. A custodial institution, using electronic mail, provides information to the National Guard for activities carried out in relation to this rule 25. foreigners mentioned in paragraph if: 28.1. filed a request for pardon;
28.2. the administrative authorities, the Commission decided to propose to the Court a degree before the deadline to release a convict from the Penal;
17.6. a foreigner to the sentence passed away in another country.
29. by the Act of pardon or the receipt of the decision by the Court on conditional early release of a custodial institution before the release of the foreigners immediately communicated by telephone to the State border guard of the territorial administration foreigners release date and time.
30. Arranging forced expulsion, the State border guard of the accordance with custodial authority of this provision in paragraph 25 foreigners over policy if: 30.1. a decision has been taken with regard to foreigners;
30.2. the foreigner sentenced to additional penalty-expulsion from the Republic of Latvia.
31. forced expulsion of Foreigners at the penal institution imprisonment is implemented in accordance with the provisions of chapter II.  
IV. exit document model and its procedure 32. exit document issued by the administration or State border guard Chief or his authorized officer.
33. exit down the validity period for the document that corresponds to the expulsion order of exit specified in or required to comply.
34. exit document completed in Latvian, English, French or Russian languages, administration or national border guard official confirms this with a stamp and signature.
V. closing question 35. paragraph 14 of these rules shall enter into force on July 1, 2011.
Informative reference to European Union Directive provisions included in the law arising from the European Parliament and Council Directive 2008/115/EC of 16 December 2008 on common standards and procedures in Member States for the return of third-country nationals who are staying illegally.
Prime Minister v. dombrovsky Minister of Justice, Minister of Interior artist duties a. Štokenberg of annex 1 of the Cabinet of Ministers of 21 June 2011 regulations no 454 of the Minister of Justice, Minister of Interior artist duties a. Štokenberg in annex 2 of the Cabinet of Ministers of 21 June 2011 regulations no 454 Foreigners questionnaire 1. General information 1.1.  
Name (name), surname (for women: maiden name) 1.2.  
Ethnicity 1.3.  
1.4 nationality.  
The year of birth, date, 1.5.  
Birthplace 1.6.  
Place of residence (permanent and last address of residence prior to arrival in the Republic of Latvia), phone 1.7.  
Marital status (the wife, the husband's last name, first name, address, telephone) 1.8.  
Dependent family members (last name, first name, year of birth, date, nationality) 1.9.  
Education (an educational institution has ceased) 1.10.  
Jobs, position, specialty, phone 1.11. 
The documents certifying the identity of 1.12.  
Exit from your home country (date, reason, and entered the Republic of Latvia) 1.13.  
The country, which stayed in the last three years, 1.14.  
Closest relatives (parents, brothers, sisters name, surname, year of birth, domicile, telephone) 1.15.  
Property (movable, immovable, established national institutions) 2. Description 2.1.  
Height (cm) 2.2.  
The face of 2.3.  
2.4 the eyes.  
Teeth 2.5.  
Chin 2.6.  
Nose 2.7.  
Special features, tattoos 2.8.  
Gestures and mimic a 2.9.  
Step 2.10 comes to 2.11.  
Notes data provided ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ (the foreigner's name, surname, signature) data translated from ____ ____ ____ ____ ____ ___ language translated by ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ____ ___ (the interpreter's signature and transcript) questionnaire completed _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ _____ (name, surname, signature) 20 ___ of ___. _ _ _ _ _ _ _ _ _ _ _ _ the Minister of Justice, Minister of Interior artist duties a. Štokenberg in annex 3 of the Cabinet of Ministers of 21 June 2011 regulations no 454 notice in accordance with the Cabinet of Ministers of 21 June 2011 regulations No. 454 "regulations on forced expulsion of foreigners, laissez-passer and its service" 26 informed that a custodial sentence the name of Person name (name), surname date of birth place of birth Nationality the nationality and residence of the way before sentencing a Person 20 ___ of ___. _ _ _ _ _ _ _ _ _ _ _ _ _ convicted under criminal law to indicate the article, paragraph, point a custodial term in addition to expulsion from the country-is the appropriate penalty is not applied to Other penal time ends 20 ___ of ___. _ _ _ _ _ _ _ _ _ _ _ _ _ family members specify the degree of kinship, surname (last name) , Word (s), birth data resides is Used to specify the identity documents (series, number, date of issue, expiration date) (name of Office) (Officer's name, surname, signature) 20 ___ of ___. _ _ _ _ _ _ _ _ _ _ _ _ _ the Minister of Justice, Minister of Interior artist duties a. Štokenberg in annex 4 of the Cabinet of Ministers of 21 June 2011 regulations no 454 of the Minister of Justice, Minister of Home Affairs ad interim Štokenberg of A.