The rights of third-country nationals entering or staying in the EU are often not respected. This is sometimes because of insufficient implementation of legislation, poor knowledge of fundamental rights, or inadequately trained civil servants, and sometimes simply due to discrimination and xenophobia.

Some 20.5 million non-EU nationals were living in the EU in 2011, which represents about 4 percent of the entire population. To compare with this figure, 250,000 to 300,000 people on average apply for asylum in the EU each year. FRA collects data and information on the implementation of these people’s rights, identifying existing gaps as well as promising practices in the Member States. It then proposes ways of addressing shortfalls on the one hand, and making wider use of good practices on the other. Until now, the agency’s work has focused on fundamental rights at borders, the rights of migrants in an irregular situation, and asylum. In 2013, FRA began research on severe forms of labour exploitation, which is often closely connected to the violation of migrants’ and asylum seekers’ rights.

The EU has a set of rules and policies that cover visa, borders and asylum, counteract irregular migration and, to a lesser extent, concern the admission and integration of migrants. In addition, most rights enshrined in the EU’s Charter of Fundamental Rights apply to everyone, regardless of their migration status. The Charter contains the right to asylum, and prohibits collective expulsion and the removal of individuals if there is a risk to their life or of other serious harm.

See also