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Asylum

Asylum, migration and borders

The migrant crisis has triggered challenges across Europe. FRA encourages rights-compliant responses.

We provide practical expertise on this complex issue. This includes regular updates, focus papers and toolkits. We outline policy alternatives and best practices.

Highlights

  • Report / Paper / Summary
    22
    March
    2022
    In view of the human rights situation since the beginning of the war in Ukraine on 24 February 2022 and the large number of persons seeking protection in the European Union (EU), the EU Agency for Fundamental Rights (FRA) dispatched, as a first step, a team composed of Agency staff who speak the national languages and with expertise on migration, child protection, equality and non-discrimination and Roma inclusion to observe and collect evidence on the evolving situation. The team reported daily to the EU mechanism for preparedness and crises management on migration (Migration Preparedness and Crisis Blueprint).
  • Report / Paper / Summary
    14
    December
    2020
    Artificial intelligence (AI) already plays a role in deciding what unemployment benefits someone gets, where a burglary is likely to take place, whether someone is at risk of cancer, or who sees that catchy advertisement for low mortgage rates. Its use keeps growing, presenting seemingly endless possibilities. But we need to make sure to fully uphold fundamental rights standards when using AI. This report presents concrete examples of how companies and public administrations in the EU are using, or trying to use, AI. It focuses on four core areas – social benefits, predictive policing, health services and targeted advertising.
  • Handbook / Guide / Manual
    17
    December
    2020
    The European Convention on Human Rights and European Union law provide an increasingly important framework for the protection of the rights of foreigners. European Union legislation relating to asylum, borders and immigration is developing fast. There is an impressive body of case law by the European Court of Human Rights relating in particular to Articles 3, 5, 8 and 13 of the ECHR. The Court of Justice of the European Union is increasingly asked to pronounce on the interpretation of European Union law provisions in this field. The third edition of this handbook, updated up to July 2020, presents this European Union legislation and the body of case law by the two European courts in an accessible way.
  • Report / Paper / Summary
    27
    March
    2020
    Council of Europe (CoE) and European Union (EU) Member States have an undeniable sovereign right to control the entry of non-nationals into their territory. While exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures.
Products
The EU Agency for Fundamental Rights regularly collects data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties in disembarking migrants in safe ports. This paper provides an overview of criminal investigations and other legal proceedings initiated by European Union (EU) Member States against civil society organisations deploying search and rescue vessels and aircraft in the Mediterranean and/or against individual crew members. The latest update covers the period from 2018 up until the end of May 2024.
12
December
2023
People fleeing from Ukraine received protection in EU law under the Temporary Protection Directive. Local authorities took the lead in ensuring access to fundamental rights under temporary protection. This report explores the measures to ensure access to housing, education, employment and healthcare in 26 cities and regional authorities across 12 EU Member States. Unprecedented coordination helped overcome challenges, but many uncertainties remain and long-term solutions may be needed. Based on the information collected, this report identifies 12 priority actions, building on FRA’s previous reports concerning people displaced from Ukraine.
22
November
2023
FRA publishes annual updates on the forced return monitoring systems that EU Member States have set up under Article 8 (6) of the EU’s Return Directive (2008/115/EC). This latest update covers the period until the end of 2022.
5
October
2023
Since October 2018, FRA has been publishing regular updates on NGO ships involved in search and rescue (SAR) operations in the Mediterranean, and the status of legal proceedings against them. This latest update covers until the end of June 2023.
29
September
2023
Russia’s invasion of Ukraine posed new challenges for the EU. Millions were forced to flee the war. As a result of the scale of people’s displacement, the EU activated for the first time the Temporary Protection Directive (TPD). More than 1.3 million children sought international protection in the EU. This bulletin explores the respect, protection and fulfilment of the fundamental rights of displaced children and ways to safeguard their rights. The third in a series, this bulletin builds on the evidence in FRA’s Bulletin #1 and #2 on the experiences of displaced people seeking safety in the EU.
Report / Paper / Summary
6
July
2023
Following yet another recent tragic shipwreck and loss of life, this short report sets out how the EU could meet its obligations to prevent more deaths at sea. As part of the work that the EU Agency for Fundamental Rights (FRA) does on upholding fundamental rights on migration and asylum, this report calls for better protection for shipwreck survivors and prompt investigations. It sets out measures that EU Member States should take to improve search and rescue efforts and provide legal pathways to safety to prevent deaths at sea.
20
June
2022
The EU Agency for Fundamental Rights (FRA) regularly collects data on the operations of NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as on any difficulties in disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 15 June 2022 about 842 people died or went missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution, or to pursue a better life. This is an average of five people per day.
Report / Paper / Summary
The table below gives an overview of selected aspects in national legislation implementing the EU Temporary Protection Directive.
8
February
2022
In 2015 and 2016, the numbers of unaccompanied children arriving in Europe increased dramatically, straining national guardianship systems. This report looks at how EU Member States, as well as North Macedonia and Serbia, have adapted their guardianship systems for unaccompanied children since that time.
11
January
2022
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Easy-to-read report
11
January
2022
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17
December
2021
The EU Agency for Fundamental Rights (FRA) regularly collects data on NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 10 December 2021 about 1,654 people have died or gone missing while crossing the Mediterranean Sea to reach Europe to escape war or persecution or to pursue a better life. This is an average of more than four people per day. Deadly incidents have also occurred recently in the Channel (La Manche).
17
December
2021
The EU Agency for Fundamental Rights has been regularly collecting data on asylum and migration since September 2015. This report focuses on the fundamental rights situation of people arriving in Member States and EU candidate countries particularly affected by migration. It addresses fundamental rights concerns between 1 July and 30 September 2021.
13
December
2021
Since 2014, FRA has been publishing an annual update of the forced return monitoring systems EU Member States have set up under Article 8 (6) of the EU’s Return Directive. This overview describes different indicators for an effective forced return monitoring system. It includes the organisation responsible for monitoring forced return, the number of operations monitored in 2020, the phases of monitored return operations, the number of staff trained and working as monitors, and whether the monitoring body issued public reports about their monitoring.
9
December
2021
This report sheds light on the realities faced by unaccompanied migrant children who are not in the care of child protection systems in the EU. Presented as a case study, it tells the story of children and young adults from Pakistan who travelled alone to the EU without their parents or other adults.
4
November
2021
This report outlines to what extent legal aid is available to those held in pre-removal detention in the 27 EU Member States, and in North Macedonia and Serbia, during procedures related to their return. These involve decisions on return, on detention pending removal, the removal itself and on bans on entry. The report also examines when people are entitled to free legal aid and how this aid is funded, as well as who provides representation and various factors that limit the scope of legal aid.
24
September
2021
The EU Agency for Fundamental Rights has been regularly collecting data on asylum and migration since September 2015. This report focuses on the fundamental rights situation of people arriving in Member States and EU candidate countries particularly affected by migration. It addresses fundamental rights concerns between 1 January and 30 June 2021.
9
July
2021
This note sets out human rights standards stemming from both the European Convention on Human Rights and European Union (EU) law that apply to effective remedies for human rights violations at borders, together with those on complaints mechanisms and investigations into complaints of rights violations at borders.
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FRA Director Michael O'Flaherty visited the island of Samos, Greece, in April 2021 to get a sense of the reception facilities there. In this video, he acknowledges the efforts being made to improve facilities. He offers the Agency’s continued commitment to support these supports. As an example, he refers to FRA’s guidance on respecting fundamental rights at such facilities that could benefit both migrants and locals.
FRA Director Michael O'Flaherty, in his latest vlog, reflects on the migration situation at the EU’s external borders. He highlights the need for sustained joined-up efforts from all relevant bodies, including civil society, to protect the wellbeing and human rights of migrants. He underlines the importance of working with local communities as we receive migrants into our communities. He also points to room for improvement is our treatment of unaccompanied children.
FRA Director Michael O'Flaherty visited the Canary Islands in March 2021 to get a sense of the migration situation there. He highlights the need to support the Canary Islands in relocating unaccompanied children and providing clear procedures on asylum applications.
This video statement by FRA Director Michael O’Flaherty was recorded on 15 October 2020 at the Moria migration facility that was destroyed by fire in September 2020.
This video statement by FRA Director Michael O’Flaherty was recorded on 14 October 2020 at the temporary facility at Mavrovouni. This temporary camp was built to re-house people after the fire at the Moria migration facility on the island of Lesbos, in Greece.
Based on the lessons learned from relocation
experiences and on existing international and EU legal
standards, FRA has developed a number of practical
suggestions for the adjustment of relocation efforts to
the protection needs of unaccompanied children. This
guidance aims to be a practical tool for Member States
that wish to engage in the relocation of unaccompanied
children and in any future responsibility-sharing
mechanisms, and to gain knowledge on how this can
be done while respecting the child’s best interests.
Greece needs solid, sustained support and solidarity as it faces great migration challenges, says FRA Director Michael O’Flaherty after 2 days of meetings in Athens with authorities.
In this edition Michael O'Flaherty reports back from his visit to the asylum seeker facility in Lesbos and calls for the support of all EU Member States to improve in particular the situation of unaccompanied children.
In the latest edition of his video blog, FRA Director Michael O'Flaherty focuses on the migration situation in the Mediterranean Sea and makes three proposals.
Fundamental Rights Report 2019: Not all children benefit equally from efforts to guarantee child rights.
Some groups face particular difficulties.
Fundamental Rights Report 2019: Although migrant arrivals to the EU continue to drop, it remains a divisive issue politically and
across society. Nearly 4 in 10 Europeans think immigration is more of a problem than a solution.
And nearly a half overestimate the number of irregular migrants in their country.
Black people in the EU face unacceptable difficulties in getting a decent job because of their skin colour. Racist harassment also remains all too common.
This infographic illustrates the positive and negative impact on fundamental rights of using large-scale IT systems for security and border management.
For the past two years, FRA has been visiting reception centres for migrants across the EU.
This infographic illustrates the main experiences immigrants and ethnic minorities across the EU have when it comes to discrimination. It draws from the findings from FRA's EU-MIDIS II survey.
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Guardians are key to ensure children’s well-being and that their best interests are taken into account. But the EU and its Member States continue to face many challenges to provide for full and effective guardianship for unaccompanied children arriving in Europe, reveals the latest report from the EU Agency for Fundamental Rights (FRA).
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The OSCE Office for Democratic Institutions and Human Rights (ODIHR) launched its policy brief Border Management and Human Rights.
FRA contributed to training Schengen evaluators on 6-10 December in Lisbon in the field of return and external borders.
The treatment of migrants at EU borders continues to be a pressing fundamental rights concern. Recurring deaths at land and sea are a tragic reminder of the urgent need for fundamental rights-compliant solutions, says the EU Agency for Fundamental Rights (FRA) on the eve of International Migrants Day on 18 December.
Each year, FRA updates its overview of forced return monitoring systems across the EU. The overview of 2020 returns is now online.
Migrants and asylum applicants have the right to get information about why their fingerprints are collected in Eurodac, EU’s IT system for asylum seekers and apprehended migrants. To guide authorities, a joint leaflet on how to understandably explain what Eurodac does is now available in various EU languages.
Violence, exploitation, terrible living conditions or limited access to healthcare and education. These are the realities unaccompanied migrant children face in Europe. A new report from the EU Agency for Fundamental Rights (FRA) suggests steps the EU and its Member States should take to offer better protection to unaccompanied children and ensure their rights are respected.
The recent drownings in the English Channel/ la Manche are a sad reminder of the extreme dangers people face at the hands of unscrupulous people smugglers.
FRA gave a presentation at the annual conference of the ‘Migration Law Network’, the largest professional hub of German-speaking migration lawyers and academics.
FRA held four guardianship training sessions between 9 and 18 November.
Between 8 and 9 November, the FRA Director visited Malta.
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The Frontex Consultative Forum on Fundamental Rights meeting will take place on 20 October.
FRA will present its study on role of the Employers Sanctions Directive on protecting irregular migrants from labour exploitation to the European Parliament.
The European Guardianship Network will discuss on 22 June the training materials for guardians that FRA and its contractor Defence for Children International Italy are developing. The draft manual targets trainers of guardians. The content covers ten modules.
FRA will speak to law enforcement officers about data quality in EU migration and security IT systems.
The next Frontex Consultative Forum meeting takes place on 3 February.
FRA will present its report on fundamental rights issues at EU land borders to the Schengen Scrutiny Group of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE).
The FRA Director will address the situation of unaccompanied migrant children during a European Parliament seminar.
FRA and the European Court of Human Rights will launch the 2020 edition of the FRA and Council of Europe handbook on European law relating to asylum, borders and immigration. This online book launch will take place on 17 December. It is being organised in collaboration with the International Association of Refugee and Migration Judges and the European Asylum Support Office (EASO).
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This year, FRA again teams up with the This human world international human rights film festival.
The third Euro-Mediterranean Communicators´ workshop will tackle the question what is next for the migration narrative in the Euro-Mediterranean region?
The Consultative Forum of the European Border and Coast Guard Agency, Frontex, will meet on 15 October. FRA currently co-chairs the forum together with UN Refugee Agency (UNHCR).
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FRA’s migration reporting toolkit for journalists will feature in two workshops and be discussed with media partners during the III International Congress of Migration Reporting. The workshops will present how journalists’ knowledge of fundamental rights affects migration reporting.
FRA, as co-chair of the Frontex Consultative Forum, will chair a meeting with Frontex Fundamental Rights Officer on 24 June.
The FRA Director will address the European Parliament’s Committee for Civil Liberties, Justice and Home Affairs (LIBE) on 2 April.