Asylum

Migration irrégulière, retour et rétention des migrants

Highlights

  • Periodic updates / Series
    9
    septembre
    2022
    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 (2008/115/EC). 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 2021, 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.
  • Report / Paper / Summary
    4
    novembre
    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.
  • Report / Paper / Summary
    22
    juin
    2017
    Up to one third of migrants arriving in the European Union since the summer of 2015 have been children. The current emphasis on speedier asylum processing and making returns more effective may trigger increased use of immigration detention, possibly also affecting children. The detention of children implicates various fundamental rights and will only be in line with EU law if limited to exceptional cases. This report aims to support practitioners in implementing relevant polices in line with applicable law by outlining available safeguards against unlawful and arbitrary detention and highlighting promising practices.
  • Rapport / Publication / Résumé
    21
    novembre
    2011
    Ce rapport est fondé sur une recherche comparative portant sur la situation des droits fondamentaux des migrants en situation irregulière. Il propose des solutions pour intégrer les droits fondamentaux dans les politiques, les textes législatifs et les pratiques administratives qui concernent ces migrants.
Produits
18
décembre
2023
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 carrying out border control, states have a duty to protect fundamental rights of all people under their jurisdiction, regardless of their nationality, status, or age. Children as a category
of vulnerable persons with special needs require heightened protection.
22
novembre
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.
11
octobre
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.
24
novembre
2022
L’Agence européenne pour l’asile (EUAA) et l’Agence des droits fondamentaux de l’Union européenne (FRA) ont uni leurs forces pour élaborer une série d’outils pratiques destinés aux tuteurs d’enfants non accompagnés ayant des besoins en matière de protection internationale. Le but est de soutenir les tuteurs dans leurs tâches et responsabilités quotidiennes durant la procédure d’asile, y compris durant le système de Dublin et la
protection temporaire.
9
septembre
2022
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 (2008/115/EC). 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 2021, 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.
13
décembre
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.
4
novembre
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.
The EU Return Directive introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the Directive, Member States must provide for an effective forced-return monitoring system.
3
juillet
2020
The EU Return Directive (2008/115/EC) in Article 8 (6) introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the directive, Member States must provide for an effective forced-return monitoring system.
4
novembre
2019
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 2019.
27
juin
2019
The EU Return Directive (2008/115/EC) in Article 8 (6) introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the directive, Member States must provide for an effective forced-return monitoring system.
12
septembre
2018
In November 2017, the European Commission requested FRA’s support in evaluating the impact on fundamental rights of the European Border Surveillance System (Eurosur) Regulation. Further to this request, FRA reviewed the work of the European Border and Coast Guard Agency (Frontex) and analysed cooperation agreements concluded by EU Member States with third countries which are relevant for the exchange of information for the purposes of Eurosur. This report presents the main findings of such review.
21
juin
2018
The EU Return Directive (2008/115/EC) in Article 8 (6) introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the Directive, Member States must provide for an effective forced-return monitoring system.
22
juin
2017
Up to one third of migrants arriving in the European Union since the summer of 2015 have been children. The current emphasis on speedier asylum processing and making returns more effective may trigger increased use of immigration detention, possibly also affecting children. The detention of children implicates various fundamental rights and will only be in line with EU law if limited to exceptional cases. This report aims to support practitioners in implementing relevant polices in line with applicable law by outlining available safeguards against unlawful and arbitrary detention and highlighting promising practices.
30
mai
2016
Ce « Focus » examine de façon approfondie les questions de l’asile et de la
migration dans l’Union européenne (UE) en 2015. Il se penche sur l’efficacité des mesures prises ou proposées par l’UE et
ses États membres pour gérer cette situation, en se concentrant en particulier sur le respect des droits fondamentaux.
22
octobre
2015
Processing biometric data for immigration, asylum and border management purposes has become common. This focus paper looks at measures authorities can take to enforce the obligation of newly arrived asylum seekers and migrants in an irregular situation to provide fingerprints for inclusion in Eurodac.
9
octobre
2015
For asylum and return (i.e. expulsion) procedures to be implemented effectively, people need to be at the disposal of the authorities so that any measure requiring their presence can be taken without delay. To achieve this, EU Member States may decide to hold people in closed facilities. Less intrusive measures, which are usually referred to as alternatives to detention, reduce the risk that deprivation of liberty is resorted to excessively.
3
septembre
2015
This report aims to estimate the economic cost of providing timely access to screening and treatment for migrants in an irregular situation, compared with providing treatment only in emergency cases. It presents an economic model to calculate such costs for two medical conditions: hypertension and prenatal care. To better illustrate its application in practice, the model is applied to three European Union (EU) Member States – Germany, Greece and Sweden.
27
juin
2014
Le présent manuel expose, de manière accessible, la législation et la jurisprudence de la Cour de Justice de l’Union européenne et de la Cour européenne des droits de l’homme européennes en matière d’asile, de frontières et d’immigration.
21
novembre
2011
Ce rapport est fondé sur une recherche comparative portant sur la situation des droits fondamentaux des migrants en situation irregulière. Il propose des solutions pour intégrer les droits fondamentaux dans les politiques, les textes législatifs et les pratiques administratives qui concernent ces migrants.