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
    31
    October
    2022
    The table below gives an overview of certain key aspects in national legislation implementing the EU Temporary Protection Directive.
    21
    October
    2022
    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. The European Union’s rapid response, activating the EU Temporary Protection Directive, offered welcome relief and much-needed support to those in need. It allowed displaced persons the opportunity to quickly settle and to work, travel and access services across the EU. But other pressing human rights issues have come to the fore and remain high on the EU’s agenda, such as human trafficking, sexual and gender-based violence, hate crime and hate-fuelled disinformation.
    14
    October
    2022
    ** As of 19 September 2024 a new version of this guidance has been issued. Please see the link below. **

    Fundamental rights monitoring at EU external borders should be systematically and regularly carried out for a range of border management activities. These include border surveillance, apprehensions at land, sea and air borders, and the operation of referral mechanisms, including in the event of mass arrivals. This general guidance provides assistance to EU Member States in setting up national independent mechanisms to monitor fundamental rights compliance at EU external borders, in line with the proposed screening regulation of 23 September 2020 by the European Commission. The EU Agency for Fundamental Rights prepared this guidance at the request of the Commission.
    16
    September
    2022
    Europe stands at a delicate moment in its history, facing a convergence of major tests. Each of them taken on their own is significant. Together, they pose profound questions about the political, economic, and societal future of the continent. This is a moment for strong commitment to put human rights at the heart of our vision for Europe’s future. It is also time to demonstrate our determination to work together to this end. Against this backdrop, the EU Agency for Fundamental Rights (FRA) brought together around sixty human rights leaders and experts from across the continent to discuss elements of a human rights vision for the future and to identify opportunities for action. A full conference report will be available soon, including the specific ideas and proposals which arose from the meeting. Meanwhile, this is a summary of the conclusions.
    9
    September
    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.
    On 23 August, FRA will begin collecting the views and experiences of people fleeing the war in Ukraine.
    As the Russian war of agresssion continues in Ukraine, EU countries are welcoming and supporting unprecedented numbers of people fleeing the war to seek safety in the EU. This has serious implications for many fundamental rights within the EU. FRA is looking at current and potential fundamental rights challenges. It seeks to assist the EU and its Member States find sustainable solutions. Below you can find some of the work being carried out.
    3
    August
    2022
    The information provided gives an overview of selected aspects in national legislation implementing the EU Temporary Protection Directive.
    In this vlog, FRA Director Michael O'Flaherty talks about the EU’s response to the war in Ukraine. He argues that it is only if we all work together, with human rights as our roadmap, that we can make our way towards a peaceful future.
    20
    June
    2022
    The EU Agency for Fundamental Rights (FRA) 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 on any difficulties in disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 15 June 2022 about 842 people died or went 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.
    8
    June
    2022
    FRA’s Fundamental Rights Report 2022 reviews major developments in the field in 2021, 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.
    8
    June
    2022
    This focus looks at the impact of the pandemic on social rights. It examines the measures in national recovery and resilience plans that address the social vulnerabilities among a variety of population groups in the EU, including women, children and young people in situations of vulnerability, people with disabilities, older people, Roma and people in precarious working conditions.
    8
    June
    2022
    All language versions now available
    14 September 2022
    The year 2021 brought both progress and setbacks in terms of fundamental rights protection. FRA’s Fundamental Rights Report 2022 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.
    While many volunteers, organisations and EU countries provide help to the many children fleeing Ukraine, challenges and concerns need to be addressed: such as registration and interpretation, guardianship for unaccompanied children, access to education and childcare.
    19
    May
    2022
    This bulletin looks at the fundamental rights situation of all persons fleeing the Russian war in Ukraine to the four EU Member States neighbouring Ukraine. This is primarily in terms of the application of the EU Temporary Protection Directive. It is based on findings of FRA’s field mission to Hungary, Poland, Romania and Slovakia at the beginning of March 2022. It is also based on weekly country reports prepared by Franet, the contracted research network of FRA between 1 March and 27 April 2022.
    7
    April
    2022
    ES, NL and PL version now available
    17 June 2025
    Children are full-fledged holders of rights. They are beneficiaries of all human and fundamental rights and subjects of special regulations, given their specific characteristics. This handbook aims to illustrate how European law and case law accommodate the specific interests and needs of children. It also considers the importance of parents and guardians or other legal representatives and makes reference, where appropriate, to situations in which rights and responsibilities are most prominently vested in children’s carers. It is a point of reference on both European Union (EU) and Council of Europe (CoE) law related to these subjects, explaining how each issue is regulated under EU law, including the Charter of Fundamental Rights of the European Union, as well as under the European Convention on Human Rights, the European Social Charter and other CoE instruments.
    Overwhelming support for the many people fleeing Ukraine. Volunteers, organisations and EU countries provide support and help at the EU borders.
    FRA looked at the challenging situation and identified fundamental rights risks, such as discrimination.
    Report / Paper / Summary
    23
    March
    2022
    The EU is facing a large-scale humanitarian crisis. Over 10 days at the beginning of March, the EU Agency for Fundamental Rights (FRA) visited all EU countries bordering Ukraine and Moldova – Hungary, Poland, Romania and Slovakia.
    4
    March
    2022
    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 2021.
    15
    February
    2022
    In 2015 and 2016, the numbers of unaccompanied children arriving in Europe increased dramatically, straining national guardianship systems. This report looks at how EU Member States, as well as North Macedonia and Serbia, have adapted their guardianship systems for unaccompanied children since that time.
    Labour inspectors can play a crucial role in protecting migrant workers from exploitation and abuse. New practical exercises and training guides from the EU Agency for Fundamental Rights (FRA) will support inspectors in safeguarding non-EU workers’ rights.
    The EU Asylum Agency held the first meeting of the working group drafting standards and indicators on reception conditions in Malta from 25 to 27 March.
    On 27 March, FRA and the Frontex Consultative Forum on Fundamental Rights attended the Frontex Management Board meeting in Warsaw making interventions on the protection of fundamental rights in Frontex operations.
    FRA took part in a conference on protection mechanisms for posted non-EU workers. The European Labour Authority (ELA) organised the meeting on 19 March at the European Social Committee in Brussels.
    FRA discussed the monitoring of fundamental rights in the context of the instrumentalisation of migration at a round-table discussion with national human rights institutions organised by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).
    On 20 March, FRA provided training on fundamental rights in the context of ETIAS operations online in a training course organised by Frontex for ETIAS national units.
    On 11 and 12 March, FRA provided training on fundamental rights in connection with the use of biometrics. The training took place during an event organised by Frontex on vulnerabilities in automated border crossings at Milan airport.
    FRA took part in a workshop in Bucharest 27 and 28 February on enhancing Romania’s child protection system. FRA presented different models of guardianship in EU Member States based on its research and its handbook, and the new elements strengthening guardianship in the Pact on Migration and Asylum.
    On 25 February, the Advisory Board of the Independent Border Monitoring Mechanism of Croatia met in Zagreb. They discussed the monitoring mechanism’s latest report covering activities in 2023 and early 2024 and monitoring plans for 2025.
    FRA and the UN Refugee Agency chaired the Frontex Consultative Forum meeting last week from 18 to 19 February in Warsaw.
    FRA provided fundamental rights input during a roundtable discussion on the forthcoming revision of EU legislation on returns. FRA drew from its 2019 legal opinion.
    The EU’s plans to set up centres in non-EU countries (so-called ‘return hubs’) must respect fundamental rights law, warns a new Position Paper from the European Union Agency for Fundamental Rights (FRA). The paper sets out the safeguards that need addressing under EU law before establishing such hubs. These include compliance with fundamental rights, securing legally binding agreements to protect people’s rights, and setting up independent human rights monitoring systems.
    A FRA online information tool aims at raising awareness of the fundamental rights implications of the EU large scale IT systems for migration and policing. It informs non-EU nationals, their lawyers and civil society organisations about how the systems function and how affected individuals can claim their rights.
    FRA’s survey report on the experiences of displaced people in the EU fleeing Ukraine is now available online in the languages of the countries covered in the survey.
    A new online information platform from the European Union Agency for Fundamental Rights (FRA) aims to raise awareness about the fundamental rights safeguards and implications of the EU’s IT systems for migration and policing and their interoperability.
    On 12 December, FRA highlighted the importance of mainstreaming fundamental rights aspects in the EU’s Asylum, Migration and Integration funding procedure.
    FRA developed an online information tool for raising awareness of fundamental rights implications of the EU large scale IT systems for migration and policing.
    On 3 December, FRA provided training on fundamental rights in connection with the use of biometrics. The training included practical testing sessions of the automatic border crossing self-service systems.
    FRA actively participated in a high-level conference of the European Migration Network. Organised by the Hungarian Presidency of the EU Council it looked at how to make returns more effective.
    FRA was a trainer during a training course on labour exploitation trafficking. The training addressed police officers and labour inspectors from different EU Member States.