2026年9月30日,遣返中心在法律上颇具争议,成本高昂,也一直是政治争议的焦点:多年来,布鲁塞尔一直在努力解决在欧盟境外为被拒绝庇护申请者设立此类中心的问题。此前多次尝试都因法律障碍而失败,但如今,由希腊、德国、奥地利、丹麦和荷兰组成的“五国集团”认为,这些障碍已被克服。
September 30, 2026 Deportation centers are legally contentious, expensive and the subject of political controversy: For years, Brussels has been grappling with the issue of establishing such centers outside the EU for rejected asylum seekers. Previous attempts have failed due to legal objections, but now, a "group of five" consisting of Greece, Germany, Austria, Denmark and the Netherlands believes it has overcome these hurdles.
在接受希腊电视频道ANT1采访时,希腊移民部长塔诺斯·普勒夫里斯表示,首个所谓的“返返中心”预计最早将于2027年下半年开始运营——恰好赶上希腊担任欧盟理事会轮值主席国。
During an interview with the Greek television channel ANT1, Greece's Minister of Migration, Thanos Plevris, stated that the first of these so-called "return hubs" is scheduled to begin operations as early as the second half of 2027 — just in time for Greece to assume the EU Council Presidency.
普勒夫里斯称,希腊已选定一个非洲国家,但目前尚不能透露其名称。欧盟外交圈及与之关系密切的媒体多次提到卢旺达或乌干达,但这两个国家均未获确认为所在地。
Plevris said Greece had chosen an African country but could not reveal its name yet. Diplomatic circles and media outlets close to the EU have repeatedly cited Rwanda or Uganda, but neither country has been confirmed as the location.
不是封闭式拘留中心 普勒夫里斯说:“我们所说的中心,并不是把庇护申请被拒者送往第三国的封闭设施。”
No sealed detention centers "We are not talking about centers in the sense that someone whose asylum application is rejected is sent to a closed facility in a third country," Plevris said.
他补充称,该计划旨在设立“开放式设施”,同时安排将相关人员最终遣返至其实际原籍国。
The plan was rather to establish "open facilities" while the final return to the actual country of origin is being organized, he added.
为防止因侵犯人权而提起诉讼,被转移人员的责任不会转交给非洲伙伴国家,而仍由参与计划的五个欧盟成员国承担。欧盟“五国集团”还将完全自行出资支持该项目。
The responsibility for the transferred individuals will not be transferred to the African partner country in order to prevent legal action for human rights violations, but will remain with the five participating EU member states. The EU "group of five" will also finance the project entirely on its own.
此外,计划邀请联合国难民署(UNHCR)或国际移民组织(IOM)等国际组织监督中心运作,以确保遵守国际人权标准和国际法原则。
There are also plans for international organizations such as the United Nations High Commissioner for Refugees (UNHCR) or the International Organization for Migration (IOM) to monitor operations to ensure that international human rights standards and principles of international law are upheld.
近年来,各国多次尝试将庇护审理或遣返程序外包给欧盟以外的国家。这些模式无一按计划奏效,均因法律障碍、政府更迭或成本高昂而失败。以下是一些较为知名的先例。
Various attempts have been made in recent years to outsource asylum proceedings or deportations to countries outside the EU. None of these models worked as planned. All failed due to legal impediments, changes in government, or high costs.
英国“卢旺达模式”(2022—2024年) 在鲍里斯·约翰逊领导的保守党政府以及后来里斯·苏纳克政府统治下,英国试图将经英吉利海峡非正规进入英国的移民永久驱逐至卢旺达,以便在那里进行庇护审理。
Below are some of the best-known precedents.
然而,英国最高法院裁定该计划违法,认为有充分理由相信,被送往卢旺达的庇护申请者面临被推回countries的现实风险,即他们可能被送回会遭受迫害或其他不人道待遇的国家。
The British "Rwanda Model" (2022–2024) The United Kingdom, under the Conservative government of Boris Johnson — and later under Rishi Sunak — sought to permanently deport migrants who had entered the country irregularly via the English Channel to Rwanda so they could undergo their asylum proceedings there.
在此之前,英国政府已就与卢旺达的合作及相关执行成本动用纳税人资金7.15亿英镑(8.35亿欧元/9.66亿美元)。作为回报,共有四人自愿迁往卢旺达。意大利的“阿尔巴尼亚模式”(自2024年起实施) 在总理乔治娅·梅洛尼领导下,意大利与阿尔巴尼亚签署协议,将在地中海被拦截的移民直接送往设在阿尔巴尼亚、由意大利运营的中心,在那里进行加速庇护审理。
However, the British Supreme Court ruled the plan illegal, finding that there were substantial grounds for believing that asylum seekers sent to Rwanda faced a real risk of refoulement — being returned to countries where they could face persecution or other inhumane treatment. Prior to that, the British government had spent £715 million (€835 million/$966 million) in taxpayer funds on the Rwanda partnership and related implementation costs. In return, a total of four people had voluntarily relocated to Rwanda Italy's Albania model (in place since 2024) Under Prime Minister Giorgia Meloni, Italy signed an agreement with Albania to transport migrants intercepted in the Mediterranean directly to Italian-run centers established in Albania where expedited asylum proceedings could be conducted.
然而,营地开放后,意大利法院立即叫停了转移行动。法官认为,如果孟加拉国或埃及等来源国的某些群体在那里面临迫害,就不应将这些国家一概认定为“安全”。这批首批移民必须立即返回意大利。
However, immediately after the camps opened, Italian courts halted the relocation. Judges argued that countries of origin such as Bangladesh or Egypt should not be classified as "safe" outright if certain groups face persecution there. These first migrants had to be returned to Italy immediately.
意大利如今将其中一处营地专门用作遣返中心,接收在意大利提交的庇护申请已被最终驳回的男性。自该设施于2025年3月改建以来,只有约500人被送往那里。预计到2028年,此举的总成本将超过6.7亿欧元(7.75亿美元)。
Italy is now using one of the camps solely as a deportation center for men whose asylum applications in Italy have been definitively rejected. Since the facility was converted in March 2025, only about 500 people have been sent there. By 2028, this comes at an estimated total cost of more than €670 million ($775 million).
丹麦单方面采取的措施(2021—2023年):2021年,丹麦通过了一项法律,旨在允许将庇护申请者空运至欧盟以外的第三国。哥本哈根就设立专用接收中心一事与卢旺达进行了密集谈判。然而,欧盟委员会和人权组织严厉批评了这一举措。2023年初,丹麦政府暂缓了与卢旺达的谈判。事实证明,丹麦的计划在法律和后勤层面几乎无法实施。此后,丹麦政府转而推动与其他欧洲国家合作的第三国遣返安排。
Denmark's stand-alone initiatives (2021–2023) In 2021, Denmark passed a law intended to allow asylum seekers to be flown to third countries outside the EU. Copenhagen engaged in intensive negotiations with Rwanda regarding a dedicated reception center. However, the European Commission and human rights organizations sharply criticized the initiative. In early 2023, the Danish government put the negotiations with Rwanda on hold. It became clear that the Danish plan was virtually impossible to implement legally and logistically. The government subsequently moved toward pursuing third-country return arrangements in cooperation with other European countries.
不断变化的法律框架:根据欧盟此前的法律,将人员遣返至第三国往往会失败,因为法院要求移民与该第三国存在个人联系,例如具备当地语言能力、有亲属居住在当地,或曾在当地停留。然而,修订后的欧洲庇护法现已规定,在某些情况下,被要求离开欧盟的个人无需事先与第三国存在个人联系,即可被转移至安全的第三国——前提是欧盟与该第三国订有相应的协议或安排。
Changing legal framework According to previous EU law, deportations to third countries often failed as courts required that a migrant have a personal connection to that third country, whether through language skills, relatives living there or a previous stay. The revised European asylum law, however, now allows individuals required to leave the EU to be transferred to a safe third country without a prior personal connection in certain circumstances — provided there is a corresponding agreement or arrangement with the third country.
这项新联合行动的另一个依据,是欧盟理事会和欧洲议会于2026年6月17日在政治层面达成一致的《欧盟遣返条例》。不过,该条例尚未由理事会正式通过。与以往不同,新立法将是一项欧盟条例,而不再仅仅是指令。因此,一旦生效,它将直接适用于受其约束的欧盟成员国。该条例由此为这类遣返中心建立了统一的欧盟框架。
A further basis for this new joint effort is the EU Return Regulation, agreed upon politically on June 17, 2026 by the Council and European Parliament. However, the regulation has not yet been formally adopted by the Council. Unlike before, the new legislation is an EU regulation and no longer merely a directive. As a result, it will apply directly once it enters into force in the EU member states bound by it. The regulation thus establishes a common EU framework for such return centers.
此外,根据新计划,整个庇护程序将不再外包给非欧盟国家。英国和意大利拒绝了这一提议。相反,这些“遣返枢纽”将仅作为中转站,用于安置庇护申请已被依法拒绝的人员,同时由欧盟成员国出资并实施监督。监督不足,成本高昂?
Furthermore, according to the new plans, the entire asylum procedure will no longer be outsourced to non-EU countries. The United Kingdom and Italy rejected this proposal. Instead, these "return hubs" will serve solely as transit stations for individuals whose asylum applications have already been legally rejected while they are financed and monitored by EU member states. Inadequate oversight and high costs?
支持者希望这些措施能够削弱围绕永久庇护保障提起人权诉讼的基础。无国界医生和大赦国际等批评者仍认为存在重大风险:他们怀疑,在这些遣返枢纽中,独立监督、有效的法律援助和医疗照护能否得到充分保障。他们还担心,第三国仍可能在没有进行适当评估的情况下,将人员遣返至其不安全的国家。
Supporters hope that these measures will undermine the basis for human rights lawsuits regarding permanent asylum protection. Critics such as Doctors Without Borders and Amnesty International still see significant risks: They doubt that independent oversight, effective legal representation and medical care can be fully guaranteed in the hubs. They also fear that third countries could still deport people to their unsafe home countries without proper assessment.
此外,迄今的经验表明,建设并保障此类中心的安全,以及运送相关人员,往往耗资数亿欧元,而最终实际被遣返的人却很少。
Furthermore, experience to date shows that the construction and security of such centers, as well as the transport of those affected, often costs hundreds of millions of euro, and only a small number of people actually end up being returned.