Asylum

Asylum, migration and borders

The migrant crisis has triggered 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 outline policy alternatives and best practices.

Highlights

  • Report / Paper / Summary
    28
    February
    2023
    Russia’s military aggression against Ukraine triggered scenes not seen in Europe for decades. It has since caused death, immense destruction, and unspeakable suffering. It also set in motion a mass movement of people not seen since World War II. To protect them, the EU activated the Temporary Protection Directive for the first time. In doing so, all EU Member States must offer protection to those displaced from Ukraine.
  • Report / Paper / Summary
    2
    February
    2023
    Many cities throughout the European Union hosted people fleeing Russia’s war of aggression against Ukraine. The EU currently faces the largest displacement of people in Europe since World War II. Since February 2022, over seven million people came to the EU. The arrival of such large numbers of people thrust cities and local governments to the forefront of the EU and its Member States’ relief work. This short publication provides a snapshot of cities’ initiatives to address this humanitarian crisis.
  • 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.
  • Handbook / Guide / Manual
    18
    February
    2013
    Based on its findings and research FRA provides practical guidance to support the implementation of fundamental rights in the EU Member States. This series contains practical guidance on: Initial-reception facilities at external borders; Apprehension of migrants in an irregular situation; Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries; Fundamental rights implications of the obligation to provide fingerprints for Eurodac; Twelve operational fundamental rights considerations for law enforcement when processing Passenger Name Record (PNR) data and Border controls and fundamental rights at external land borders.
Products
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.
20
October
2020
The EU Fundamental Rights Agency published in 2019 its report on the ‘Integration of young refugees in the EU’. The report explored the challenges of young people who fled armed conflict or persecution and arrived in the EU in 2015 and 2016. The report is based on 426 interviews with experts working in the area of asylum and integration, as well as 163 interviews with young people, aged 16 to 24, conducted between October 2017 and June 2018 in 15 regions and cities located in six Member States: Austria, France, Germany, Greece, Italy and Sweden. The links on this page provide a summary of the information collected during this period for each country about unaccompanied children turning 18 and the change in people’s legal status once international protection is granted. These two issues had at the time been identified as moments requiring sufficient, consistent and systematic support, particularly from lawyers, social workers and guardians, to ensure successful integration.
This video statement by FRA Director Michael O’Flaherty was recorded on 15 October 2020 at the Moria migration facility that was destroyed by fire in September 2020.
This video statement by FRA Director Michael O’Flaherty was recorded on 14 October 2020 at the temporary facility at Mavrovouni. This temporary camp was built to re-house people after the fire at the Moria migration facility on the island of Lesbos, in Greece.
29
July
2020
As we enter the second half of 2020, the constraints on our daily lives brought about by the Coronavirus pandemic have become a firm reality. New local lockdowns and the reintroduction of restrictive measures prompted by fresh outbreaks of the virus are a stark reminder that COVID-19 continues to shape our lives – and our enjoyment of fundamental rights – in profound ways. There is compelling evidence of how the pandemic has exacerbated existing challenges in our societies. This FRA Bulletin outlines some of the measures EU Member States adopted to safely reopen their societies and economies while continuing to mitigate the spread of COVID-19. It highlights the impact these measures may have on civil, political and socioeconomic rights.
27
July
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 April and 30 June 2020.
24
July
2020
All language versions now available
12 September 2022
This practical guidance addresses border-management staff in European Union (EU) Member States who work at the operational level. It aims to support them in implementing the fundamental rights safeguards of the Schengen Borders Code (Regulation (EU) No. 2016/399) and related EU law instruments in their daily work, when carrying out controls at external land borders.
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
July
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.
19
June
2020
In 2019, the International Organization for Migration estimated that 1,866 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 five people per day. In recent years, a significant proportion 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, authorities in some EU Member States started viewing civil society-deployed rescue vessels with hostility. As a reaction, national authorities initiated about 40 administrative and criminal proceedings against crew members or vessels, including seizing the latter. In some cases, rescue vessels were blocked in harbours due to flag issues or the inability to meet technical requirements.
11
June
2020
Now available in Macedonian and Serbian
13 November 2020
The year 2019 brought both progress and setbacks in terms of fundamental rights protection. FRA’s Fundamental Rights Report 2020 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. In so doing, it provides a compact but informative overview of the main fundamental rights challenges confronting the EU and its Member States.
11
June
2020
FRA’s Fundamental Rights Report 2020 reviews major developments in the field in 2019, 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 how to unlock the full potential of the EU Charter of Fundamental Rights.
28
May
2020
The Coronavirus pandemic continues to interrupt everyday life in the EU in unprecedented ways. But the way it affects our societies is shifting. As governments gradually lift some of the measures put in place to contain the spread of COVID-19, new fundamental rights concerns arise: how to ensure that the rights to life and health are upheld as daily life transitions to a ‘new normal’. This Bulletin looks at declarations of states of emergency, or equivalent, and how they came under scrutiny. It considers the impact on fundamental rights in important areas of daily life, and includes a thematic focus on the processing of users’ data to help contain COVID-19, particularly by contact-tracing apps. It covers the period 21 March – 30 April 2020.
27
May
2020
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 large migration movements. It addresses key fundamental rights concerns between 1 January and 31 March 2020.
FRA co-chaired the Frontex Consultative Forum meeting together with the UN Refugee Agency.
The Russian invasion of Ukraine triggered solidarity from EU governments, local authorities and society as they welcomed more than 7 million people fleeing the aggression. With fundamental rights ensured by law, practical challenges remain. The latest Ukraine bulletin from the EU Fundamental Rights Agency (FRA) explores the broad fundamental rights implications of the war within the EU, and its consequences for every single EU Member State.
On 13 October, FRA spoke about the Temporary Protection Directive during a conference in Cyprus organised by the European Migration Network (EMN).
An integral part of managing the EU’s external borders is respect for people’s fundamental rights. A new guidance from the EU Agency for Fundamental Rights (FRA) suggests how EU countries should set up independent national schemes to monitor fundamental rights compliance at the EU’s external borders.
FRA presented its forthcoming guidance on setting up national independent border monitoring mechanisms at the 2022 European Conference of National Preventive Mechanisms.
On 19 September, FRA took part in an online meeting organised by PICUM.
FRA gave training on fundamental rights issues in Schengen evaluations from 26 to 27 September.
FRA provided fundamental rights training for ETIAS national units in Warsaw.
On 20 September, FRA gave a presentation on fundamental rights for Europol’s guest officers who will be deployed in Greece and Cyprus.
Each year, FRA provides an update of its overview of forced return monitoring systems across the EU. The 2021 overview is now online.
The European Union agencies active in the field of justice and home affairs issue a joint paper on their contribution to the EU’s solidarity with Ukraine.
The war in Ukraine has forced millions of people to seek safety in neighbouring EU countries. How were they treated? What needs to improve? A new survey from the EU Agency for Fundamental Rights (FRA) seeks to find answers. The findings will guide its advice to the EU and host countries as they finetune their support.
FRA compiled an overview of key aspects of national laws implementing the EU Temporary Protection Directive in nine EU Member States.
Since January, on average five people died per day crossing the Mediterranean Sea to reach Europe. On World Refugee Day 2022, the EU Agency for Fundamental Rights underlines the struggles civil society continues to face rescuing people in distress in the Mediterranean Sea.
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.
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FRA will take part in the 4th joint meeting of the informal group of experts on child rights and the informal group on the protection of children in migration.
In the framework of the Romanian EU Presidency, the agency will present its guide on children deprived of parental care found in another EU Member State other than their own at a meeting of central authorities in the European Judicial Network.
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Upon request by the Spanish authorities, the agency, together with the European Asylum Support Office and the UN’s Refugee Agency Spain, is carrying a workshop in Seville on 13 and 14 May for staff working in the first reception centre for migrants.
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The agency will contribute to an integration working group of the Inter-Governmental Consultation forum on migration, asylum and refugees.
On 21 March in Brussels, FRA Director Michael O’Flaherty will discuss several key fundamental rights issues with the European Parliament’s Civil Liberties, Justice and Home Affairs Committee.
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The agency, together with the European Asylum Support Office and the UN Refugee Agency, is organising a workshop from 20 to 22 of March in Cadiz, a region with a very high number of migrants and asylum seekers arriving by sea.
The agency and the European Asylum Support Office (EASO) are organising a round-table discussion in Madrid on 21 February on age assessments.
The agency will join a panel debate on 31 January on how to improve reception and integration of unaccompanied children through family-based care.
The agency will take part in meetings of the European Commission’s Inter-Service Group on 22 January in Brussels on the integration of third-country nationals.
The agency will take part in meetings of the European Commission’s Inter-Service Group on 22 January in Brussels on the integration of third-country nationals.
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The FRA Director will visit Spain from 1 to 2 October to meet with government ministers, organisations working on migration-related issues, and other issues, to offer the Agency’s advice and expertise on fundamental rights.
On 1 October, the Agency will attend the Vienna meeting of the European Sustainable Development Network, under the Austrian EU Presidency.
The FRA Director will be a keynote speaker at the opening session of the OSCE’s 2018 Human Dimension Implementation Meeting (HDIM) which starts in Warsaw on 10 September.
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On 13-14 September, FRA will take part in a conference organised by the Austrian Presidency of the EU Council focusing on cooperation with third countries in the fields of security and migration.
On 5 September, the Agency will take part in the 28th Economic Forum in Krynica-Zdrój, Poland, a high-level economic event organised by the Polish Foundation Institute for Eastern Studies and the Economic Forum Program Council.
A delegation from the Swedish Parliament’s EU Committee secretariat visits the Agency on 3 September.
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The Agency will participate in the High-Level Political Forum 2018 on Sustainable Development "Transformation towards sustainable and resilient societies" organised by the United Nations in New York from 12 to 17 July 2018.
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From 11 to 13 July, the Agency will take part in the 4th Euroscience Open Forum “Sharing Science: Towards new horizons” (ESOF 2018) in Toulouse, which will bring together over 4.000 researchers, educators, business actors, policy makers and journalists to discuss newest scientific developments.
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Representatives of the Agency have been invited by the Austrian Presidency of the Council to attend the informal meeting of the EU Standing Committee on Operational Cooperation on Internal Security (COSI).
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People from all walks of life will come together in FRA’s inclusive, innovative and forward-looking Fundamental Rights Forum in Vienna from 20-23 June 2016 under the banner of Rights, Respect, Reality: the Europe of Values in Today’s World.