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Asylum

Asylum, migration and borders

The increase in migration has presented opportunities and 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 also outline policy alternatives and best practices.

Highlights

  • Page
    This page describes the activities of the EU Agency for Fundamental Rights (FRA) on migration and asylum. It also explains how these activities can help the European Union (EU) and its Member States to implement the Pact on Migration and Asylum in a fundamental rights-compliant manner.
  • 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.
    Products
    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.
    24
    June
    2021
    The Employers Sanctions Directive was primarily enacted to dissuade employers from recruiting migrants in an irregular situation, but it also contains provisions to protect workers. It facilitates access to justice for exploited workers and sets out workers’ rights to claim back payment of outstanding wages. The directive also contains provisions to enhance the effectiveness of labour inspections. This report describes how the 25 Member States bound by the directive have been implementing its protective provisions, focusing on the impact these provisions have on migrant workers in an irregular situation who are victims of exploitation and other labour
    law violations.
    18
    June
    2021
    The International Organization for Migration estimates that about 813 people died or went missing crossing the Mediterranean Sea to reach Europe to escape war, persecution or to pursue a better life in 2021, up to 15 June. This is an average of almost five people per day. The EU Agency for Fundamental Rights (FRA) collects data on NGO ships involved in search and rescue in the Mediterranean, legal proceedings against them, as well as difficulties in disembarking migrants in safe ports.
    10
    June
    2021
    The year 2020 brought both progress and setbacks
    in terms of fundamental rights protection. FRA’s
    Fundamental Rights Report 2021 reviews major
    developments in the field, identifying both
    achievements and remaining areas of concern. This
    publication presents FRA’s opinions on the main
    developments in the thematic areas covered, and
    a synopsis of the evidence supporting these opinions.
    10
    June
    2021
    FRA’s Fundamental Rights Report 2021 reviews major developments in the field in 2020, identifying both achievements and areas of concern. It also presents FRA’s opinions on these developments, including a synopsis of the evidence supporting these opinions. This year’s focus chapter explores the impact of the COVID-19 pandemic on fundamental rights. The remaining chapters cover: the EU Charter of Fundamental Rights; equality and non-discrimination; racism, xenophobia and related intolerance; Roma equality and inclusion; asylum, borders and migration; information society, privacy and data protection; rights of the child; access to justice; and the implementation of the Convention on the Rights of Persons with Disabilities.
    10
    June
    2021
    This focus looks at COVID-19’s impact on fundamental
    rights. It underscores that a human rights-based
    approach to tackling the pandemic requires balanced
    measures that are based on law, necessary, temporary
    and proportional. It also requires addressing the
    pandemic’s socio-economic impact, protecting the
    vulnerable and fighting racism.
    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.
    26
    March
    2021
    This note outlines how to help ensure a dignified stay for third-country nationals who are apprehended or intercepted at external borders. Specifically, FRA identifies twelve points for protection-sensitive and fundamental rights-compliant planning and design of initial-reception facilities at such borders. These are based on the agency’s work at external borders, including data collection and research activities.
    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.
    25
    February
    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 October and 31 December 2020.
    18
    December
    2020
    In 2020 (until 15 December), the International Organization for Migration estimated that about 1,054 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 almost three people per day. In the past years, a significant number of migrants in distress at sea have been rescued by civil society vessels deployed with a humanitarian mandate to reduce fatalities and bring rescued migrants to safety. Since 2018, however, national authorities initiated some 50 administrative and criminal proceedings against crew members or vessels, also seizing the latter. In some cases, rescue vessels were blocked in harbours due to flag issues or the inability to meet maritime safety-related and other technical requirements.
    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.
    8
    December
    2020
    This report looks at fundamental rights compliance at the European Union (EU)’s external land borders, including rivers and lakes. On 30 January 2020, the European Parliament requested the EU Agency for Fundamental Rights (FRA) to prepare a report on these borders. It noted that the report should focus on the correct application of the safeguards in the European asylum acquis and the provisions of the Schengen Borders Code (Regulation (EU) 2016/399).
    6
    November
    2020
    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 2020.
    This infographic illustrates the main experiences immigrants and ethnic minorities across the EU have when it comes to victimisation. It draws from the findings from FRA's EU-MIDIS II survey.
    This infographic illustrates the main experiences immigrants and ethnic minorities across the EU have when it comes to inclusion. It draws from the findings from FRA's EU-MIDIS II survey.
    The Agency, in close cooperation with the Maltese Presidency of the EU Council, held a high-level symposium where the fundamental rights issues that are currently high on the EU’s political agenda were discussed.
    Listen to what children say about the situation of people, particularly children, residing in the European Union, who needed to flee from their home country or left their country of birth for any other reason and what they suggest to implement change.
    Miltos Pavlou, Senior Programme Manager at the EU Agency for Fundamental Rights, talks about the participation of migrants and their descendants in the EU.
    This infographic illustrates some of the main issues when it comes to integrating migrants and their descendants in the EU.
    The Agency’s Director, Michael O’Flaherty, took part in a meeting of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) on 9 February.
    The Agency’s Director, Michael O’Flaherty, took part in a meeting of the European Parliament Employment Committee on 8 November.
    The Agency shared its view on protecting child rights in the Dublin Procedure, particularly for unaccompanied children at a hearing organised by the European Parliament’s Civil Liberties, Justice and Home Affairs Committee in Brussels on 10 October.
    The Fundamental Rights Forum (FRF) is organised by the EU Agency for Fundamental Rights (FRA) in cooperation with various partners. Refugee Protection is one of the three themes for the FRF which will take place in Vienna from 20-23 June 2016.
    This infographic outlines FRA's work along a simplified version of the EU migration flow. Each item is hyperlinked so you can find out more on each topic.
    This video message by UN Special Rapporteur Francois Crépeau was produced for the Fundamental Rights Conference 2014 (FRC) on Migration.
    This video message by UN High Commissioner Prince Zeid Ra'ad Al Hussein was produced for the Fundamental Rights Conference 2014 (FRC) on Migration.
    This video introduces the topics of the Fundamental Rights Conference 2011.
    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.
    The EU Agency for Fundamental Rights (FRA) is deeply concerned about the worsening situation at the EU external borders with Belarus.
    Effective access to competent legal assistance is a key safeguard to enable people in return proceedings to exercise their rights to an effective remedy and access to justice, finds a new report from the EU Agency for Fundamental Rights (FRA). It identifies current practices and issues, and suggests how national authorities could improve effective access to competent legal aid.
    FRA provided fundamental rights input during a professional development workshop on the detention of applicants for international protection, organised by the European Asylum Support Office (EASO).
    The Frontex Consultative Forum on Fundamental Rights published its annual report for 2020. FRA co-chairs the Forum together with UN Refugee Agency since 2020.
    The European Union agencies active in the field of justice and home affairs have presented the first full overview of actions to help victims of trafficking in human beings. The main operational activities are listed in a joint report of the Justice and Home Affairs Agencies Network (JHAAN) published today at the occasion of EU Anti-Trafficking Day under the leadership of Eurojust. The report is a key building block of the EU Strategy on combatting trafficking in human beings and serves as a key reference document for national authorities engaged in tackling human trafficking.
    FRA attended the extraordinary Frontex Management Board meeting which took place on 6 October.
    FRA joined the annual conference of the Odysseus Academic Network for Legal Studies on Immigration and Asylum Law in Europe.
    FRA gave a presentation at an expert legal workshop on the right to know – access to classified data in immigration cases.
    FRA took part in an online roundtable exploring the EU’s response to the situation in Afghanistan and its migration-related implications.
    FRA helped train eu-LISA staff on the fundamental rights implications of large-scale EU IT-systems.
    Allegations for the treatment of migrants at EU borders and difficult conditions in detention and reception centres remain a persistent concern, finds the latest migration bulletin from the EU Agency for Fundamental Rights (FRA).
    FRA attended the Management Board meeting of the European Border and Coast Guard Agency (Frontex) on 21 September.
    FRA will become a member of the Visa Information System Fundamental Rights Guidance Board.
    A new joint EU Agency for Fundamental Rights (FRA) and Council of Europe note outlines the human rights standards that apply at European borders.
    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.
    -
    On 11 January, the Agency will attend the European Parliament’s S&D conference on ‘Winning the fight against child poverty: implementation of a European Child Guarantee’, in Brussels.