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

  • Handbook / Guide / Manual
    8
    October
    2025
    The Entry/Exit System (EES), launching in 2025, will register non-EU nationals crossing the EU’s external borders. This FRA guidance helps border guards apply the new rules in line with EU fundamental rights. It offers practical tips on informing people, collecting biometric data and supporting people with specific needs. Based on fieldwork at 10 border crossing points in 6 Member States, the guidance will ensure rights are respected under the new system. A separate guidance publication for managers accompanies this publication.
  • Opinion / Position Paper
    23
    July
    2025
    This position paper examines how the EU can counter the instrumentalisation of migrants while also upholding fundamental rights. Instrumentalisation refers to countries outside the EU using migration to exert political pressure. This position paper defines the phenomenon, provides examples, and outlines legal obligations under EU law. It provides legal analysis and warns that some responses risk undermining fundamental rights at the EU’s external borders, including the right to asylum. To counter instrumentalisation and uphold fundamental rights, the position paper proposes practical measures for Member States to take, such as sanctions, border controls, and cooperation with private operators.
  • Periodic updates / Series
    20
    June
    2025
    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 1 June 2025.
  • 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.
    Publications and data
    5
    July
    2011
    This report is the result of a project by the FRA on the situation of migrants in an irregular situation in the EU. It is the first of two thematic reports which complements a forthcoming comprehensive overview of the fundamental rights situation of migrants in an irregular situation in the EU's 27 Member States.
    Report / Paper / Summary
    30
    November
    2010
    The Fundamental Rights Agency (FRA) examined law and practice in the EU 27 on the deprivation of liberty of irregular migrants pending their removal against the applicable international human rights law framework.
    1
    September
    2011
    The Fundamental Rights Conference, the flagship annual event of the FRA, focused in 2010 on ensuring justice and protection for all children, including those who are most vulnerable. This report summarises the speeches, discussion and common conclusions and issues identified during the conference.
    20
    June
    2012
    To secure and safeguard the fundamental rights of everyone in the European Union (EU), the EU and its 27 Member States pressed forward with a number of initiatives in 2011. This report chronicles the positive developments made in 2011 as well as the challenges facing the EU and its Member States in the field of fundamental rights.
    21
    November
    2011
    International and European human rights law impose an obligation on EU Member States to guarantee human rights to all individuals within their jurisdiction. This includes irregular migrants.
    21
    November
    2011
    This report, based on comparative research on the fundamental rights situation of irregular migrants in Europe, advises on how fundamental rights should be incorporated in policies, laws and administrative practices affecting migrants in irregular situations.
    This video introduces the topics of the Fundamental Rights Conference 2011.
    15
    June
    2011
    Upon request of the European Parliament, the FRA presented an expert opinion on the fundamental rights compliance of a proposal for a Directive on the use of Passenger Name Record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (COM(2011) 32 final). This was a follow-up request to the opinion of the FRA related to PNR from October 2008.
    7
    December
    2010
    The arrival of thousands of separated children in the European Union from third countries poses a serious challenge to EU institutions and Member States, since, according to the EU Charter of Fundamental Rights and the UN Convention on the Rights of the Child, they have a duty to care for and protect children. This report examines the experiences and views of 336 separated, asylum-seeking children and those of 302 adults responsible for their care across 12 EU Member States.
    In brief / Factsheet
    30
    November
    2010
    The EU Agency for Fundamental Rights examined law and practice in the EU 27 on the deprivation of liberty of irregular migrants pending their removal against the applicable international human rights law framework.
    13
    September
    2010
    This factsheet summarises the main points of the two reports 'Access to effective remedies: The asylum-seeker perspective' and 'The duty to inform applicants about asylum procedures: The asylum-seeker perspective'.
    13
    September
    2010
    A fair asylum procedure is one where applicants know their rights and duties, and where they understand its different stages. The right to be informed at decisive moments of the procedure is an important element of procedural fairness. Drawing on evidence from interviews with almost 900 asylum seekers, this report examines the information that asylum seekers have on the asylum procedure. In particular, it looks at the main source of information for asylum seekers, which type of information they receive, and when and how they receive it.
    13
    September
    2010
    Drawing on evidence from interviews with almost 900 asylum seekers, this report presents asylum-seeker experiences in submitting an appeal against a negative asylum decision. While documenting good practices, it also highlights several obstacles which make it difficult for asylum applicants to access effective remedies.
    3
    November
    2009
    On 16 October the Swedish Presidency presented a "draft of the Stockholm Programme" that is to be adopted at the EU summit in December 2009. Following this publication, the Fundamental Rights Agency has presented the following opinion paper "FRA Comments on the Presidency Draft Stockholm Programme" available for download below.
    29
    July
    2009
    The FRA opinion paper presents a selection primarily based on the current thematic priorities of the Agency and are inspired by the factual evidence the Agency's own research has so far produced. This contribution is therefore just a first step in a long term approach of the Agency to follow and address the issues in the Stockholm Programme.
    28
    October
    2008
    Upon the request of the French Presidency, FRA presented an opinion on the Commission's proposal for a Council framework decision on the use of Passenger Name Record (PNR) data.
    FRA’s Director attended the Frontex Management Board meeting in Paris on 7 June.
    The pandemic triggered unprecedented EU financial support to counter the social impact of Covid-19. Many people in the EU, especially vulnerable people, faced reduced access to healthcare, childcare, education and the internet. This has led to excess mortality, poverty, unemployment and social exclusion. FRA’s Fundamental Rights Report 2022 outlines the pandemic’s wide-ranging impact on social rights. It also suggests how to address increasing inequalities and threats to societal cohesion.
    FRA presented observations from its first Ukraine Bulletin and missions to the EU’s external borders with Ukraine at the annual CEPS Conference.
    The European Union Agency for Asylum (EUAA) organised a meeting to discuss the coordination and response to gender-based violence.
    FRA moderated a session at a European Commission meeting on care and guardianship for unaccompanied children from Ukraine.
    The EU Agency for Asylum (EUAA) and FRA held an expert panel to discuss fundamental rights issues when accessing asylum procedures at the EU external borders.
    The European Guardianship Network held a meeting from 17 to 18 May to discuss the response to the Ukrainian crisis, training guardians, and the network’s standards and principles.
    EU countries are welcoming and supporting unprecedented numbers of people fleeing the war in Ukraine. It has serious implications for many fundamental rights within the EU and requires Member States to find sustainable solutions, as the first Ukraine bulletin from the EU Fundamental Rights Agency (FRA) shows.
    The Frontex Consultative Forum on fundamental rights took place on 12 May in Warsaw.
    FRA highlighted fundamental rights safeguards in the EU’s Entry-Exit system during a training course on 26 and 28 April.
    FRA took part in the conference ID@Borders & Future of Travel Conference 2022.
    FRA moderated a panel discussion on 5 April at the OSCE Conference of the Alliance against Trafficking in Persons.
    FRA took part in a meeting of the Advisory Board of the E-Mindful project on migration narratives.
    FRA attended the online meeting of the EU Asylum Agency’s Training reference group on 29 March.
    High danger of human trafficking, concerns about discrimination and racism, and overreliance on volunteers. These are some of the key fundamental rights issues the EU Agency for Fundamental Rights (FRA) identified at the EU border check points with Ukraine. While FRA witnessed overwhelming support to everyone fleeing the conflict, the Agency stresses the need to stay vigilant and address arising issues to ensure people’s rights are upheld.
    The EU Agency for Fundamental Rights (FRA) was impressed with the level of solidarity being shown at the EU borders with Ukraine, despite the challenges faced. It also identified potential fundamental rights issues that may need addressing. These are just some of the early observations from FRA visits in all EU countries bordering Ukraine. A short report is due to be released next week.
    EU Justice and Home Affairs Agencies support the work of EU institutions and Member States as they help Ukraine and its people now that war once again touches Europe.
    At the end of 2021, allegations for the treatment of migrants at EU borders as well as difficult conditions in detention and reception centres remained a persistent fundamental rights concern. This is according to the latest migration bulletin from the EU Agency for Fundamental Rights (FRA).
    The EU Agency for Fundamental Rights (FRA) welcomes that European countries have opened their doors to people fleeing Ukraine. Our full solidarity is with everyone suffering from this conflict.
    FRA took part in a three-day online meeting of a Council of Europe drafting committee.