25 August 2020
Responding to the Global Detention Project’s Covid-19 survey, the Icelandic Parliamentary Ombudsman (Althingi Ombudsman) reported there are no dedicated immigration detention centres in the country (previously, reports from the Council of Europe going back as far as 1998 have indicated that prisons or police stations are used for this purpose). Thus, the Ombudsman did not provide answers to questions relating to the release of immigration detainees and “alternatives to detention” programmes in place in the country.
There are currently four reception centres in Iceland. Responding to questions about previous reports from the Council of Europe’s Committee for the Prevention of Torture about plans for building new dedicated reception facilities, the Ombudsman said that to their knowledge, the facility proposed in 2012 CPT correspondence had not been built. The source said that at one reception centre, there is a “closed” hallway where residents in the hallway may go out as they please, but not everyone can go in. The reception centres are “open” in the sense that no-one is forced to stay there. During the day, people can enter and exit the centres, but they are closed during the night. Applicants for international protection stay in a reception centre when they first arrive in Iceland. According to the source, “single applicants are then often provided with a room in one of the centres with access to kitchen and bathroom facilities” whereas “families can be provided with an apartment to stay in.”
According to the Parliamentary Ombudsman, arriving asylum seekers may be tested for Covid-19 in accordance with the procedure applicable at any given time. The procedures vary depending on the evolution of the spread of Covid-19. The Ombudsman said that if an applicant for international protection is unable to finance their stay while the application is being processed, services and assistance are provided by the Directorate of Immigration, Social Services of Reykjavik or the municipalities of Reykjanesbaer and Hafnarfjarðarbær. The services granted are based on service agreements between the municipalities and the Directorate of Immigration. According to the agreements, the applicant is guaranteed housing, meals, and other basic services such as medical service, schooling, kindergarten, leisure activities, and travel within the municipality. The Directorate of Immigration decides which municipality will provide services to the applicant, taking into account their needs and the capability of the municipality to provide the service.
As of 19 August 2020, all arriving people have the option of a 14-day quarantine or a double testing procedure along with a quarantine for 5-6 days. The double border-screening procedure requires all passengers arriving in Iceland to undergo two tests: one upon arrival and another 5-6 days later to minimise the risks of spreading the virus. Those who test negative in the second test are no longer required to take special precautions. However, those who test positive must self-isolate. Alternatively, arriving passengers can choose to stay in a 14-day quarantine without undergoing any tests. Children born in 2005 and later are exempt from the double border-screening procedure.
Asylum seekers are tested for free at the start of their stay in Iceland in a special quarantine house operated by the government. They stay there while the tests are being carried out and until it is confirmed that they are not infected. They are then placed in other housing units by the Directorate of Immigration.
As regards removals, the Ombudsman stated that no specific decision had been taken by the government. However, due to the Covid-19 crisis and the closing of airports and borders, removals could not take place as normal. Most removals in Iceland are based on the Dublin Regulation or are cases concerning persons that have already received international protection in other countries. So, when possible, applicants have been removed to countries that had their borders open: mostly Nordic countries and a few other countries.
The Ombudsman also reported that Iceland had implemented travel restrictions imposed for the Schengen Area and the European Union. As of 20 March 2020, foreign nationals, except EU/EEA, EFTA or UK nationals were not allowed to enter Iceland unless they could demonstrate that their travel was essential. The travel restrictions did not apply to essential travel, including, inter alia, health and care workers on professional travel, transportation crews (airlines and freighters), individuals requiring international protection, individuals traveling because of acute family incidents, diplomats, international organisation staff, members of armed forces, and individuals requiring international protection.
Furthermore, the Regulation on Foreigners was amended and a temporary provision was inserted. The provision stipulates that foreign nationals in Iceland who are unable to return to their home countries due to travel restrictions, quarantine, or isolation are allowed to stay in Iceland without a residence permit or visa. This has been amended and currently applies until 10 September 2020. The provision does not apply to non-citizens who were staying irregularly in the country before 20 March 2020 and does not prevent removal on that or other basis in accordance with the provisions of the Foreign Nationals Act. The Ombudsman said that the fact there are no direct flights to an applicants’ home country, high travel costs or other inconveniences of travelling now are not grounds for being allowed to stay in Iceland without a residence permit or visa.
Moreover, the Directorate of Immigration informed the Ministry of Justice in March that it would reconsider whether to process asylum cases of people in Dublin procedures or who have been granted protection in another country if it is impossible to remove people and time limits are pressing. The assessment is to be based on whether, on the one hand, the case procedure is expected to exceed those time limits due to travel restrictions and, on the other hand, whether the impact of the Covid-19 crisis on the infrastructure of the receiving state is such that the individual assessment of the conditions in the state would have to be revised once travel restrictions are lifted.
- Parliamentary Ombudsman of Iceland, Global Detention Project’s Covid-19 survey, 19 August 2020, https://docs.google.com/forms/d/e/1FAIpQLSe16r5vVHGhg8AmhOBHG-LzW_wTKk_nlPNt3RiVfjZzapnBsQ/viewform
- Council of Europe Committee on the Prevention of Torture, “The CPT and Iceland,” https://www.coe.int/en/web/cpt/iceland
- Online Page of the Icelandic Parliamentary Ombudsman, (Parliamentary Ombudsman, Website of the Ombudsman, accessed on 24 August 2020, https://www.umbodsmadur.is/)
- Parliamentary Ombudsman, Email exchange with Mario Guido (Global Detention Project), 25 August 2020.