Asylum, migration & borders

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.

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Status: 
Findings available

Practical guide to enhance transnational cooperation: EU child victims of trafficking or in need of protection

The new guidance will provide EU Member States with practical suggestions on how to respond step-by-step from the moment of identification of the child until a lasting solution in their best interests is found. It will also provide a brief overview of the relevant international and EU legal framework, especially in the area of criminal justice, victims’ rights and cross-border cooperation among EU Member States.
Status: 
Ongoing

Responding to a fundamental rights emergency - the long-term impact of responses to the 2015 asylum/migration crisis

The project explores what happened to those people who sought asylum in the EU as part of the large-scale arrivals in 2015-2016. It focuses on young people aged 16-24 who have received or are likely to receive international protection in Austria, France, Germany, Greece, Italy and Sweden. The project looks at policies related to residence permits, family reunification, education, housing and social assistance.
Status: 
Findings available

FRA guide on preventing unlawful profiling

The Agency will update and expand the scope of its 2010 guide on Discriminatory Ethnic Profiling. The new Guide will provide a general update of the analysis, taking into account legal and technological developments, and expanding the scope to include border management.

Latest publications View all

Returning unaccompanied children: fundamental rights considerations
September
2019

Returning unaccompanied children: fundamental rights considerations

Paper
Individuals who are not entitled to stay in the European Union are typically subject to being returned to their home countries. This includes children who are not accompanied by their parents or by another primary caregiver. But returning such children, or finding another durable solution, is a delicate matter, and doing so in full compliance with fundamental rights protections can be difficult. This focus paper therefore aims to help national authorities involved in return-related tasks, including child-protection services, to ensure full rights compliance.
Second European Union Minorities and Discrimination Survey - Migrant women - selected findings
September
2019

Second European Union Minorities and Discrimination Survey - Migrant women - selected findings

Report
FRA’s second EU Minorities and Discrimination survey (EU-MIDIS II) collected information from over 25,000 respondents with different ethnic minority and immigrant backgrounds across all 28 EU Member States. The main findings from the survey, published in 2017, pointed to a number of differences in the way women and men with immigrant backgrounds across the European Union (EU) experience how their rights are respected. This report summarises some of the most relevant survey findings in this regard, which show the need for targeted, gender-sensitive measures that promote the integration of – specifically – women who are immigrants or descendants of immigrants.
Migration: Key fundamental rights concerns - Quarterly bulletin 3
July
2019

Migration: Key fundamental rights concerns - Quarterly bulletin 3

Paper
The EU Agency for Fundamental Rights has been regularly collecting data on 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 movements. It addresses fundamental rights concerns between 1 April and 30 June 2019.