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

  • Handbook / Guide / Manual
    1
    August
    2024
    Migrant workers are particularly at risk of labour exploitation. Workplace inspectors play a role in protecting non-EU workers' rights. This report guides inspectors to identify abuse and protect migrant workers. In autumn 2024, FRA will publish a manual with extensive resources to support workplace inspectors.
  • Report / Paper / Summary
    30
    July
    2024
    Fundamental rights violations on the EU’s land and sea borders often go unreported. Investigations into these violations need to be more effective. This report gathers examples of alleged rights violations of migrants and refugees between 2020 and 2023. It sets out 10 steps to promote prompt and effective national investigations into incidents of ill-treatment at borders.
  • Periodic updates / Series
    1
    July
    2024
    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 the end of May 2024.
  • 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.
Products
19
September
2024
This publication guides EU countries on setting up independent monitoring mechanisms to ensure fundamental rights are respected during screening and asylum border procedures. These processes at borders are for people arriving from non-EU countries. Monitoring mechanisms are meant to prevent rights violations, protect victims, and support investigations into any allegations of wrongdoing by public authorities. The guidance highlights the importance of transparency and accountability, which builds trust in public authorities. New EU regulations coming into effect in 2026 will require such monitoring systems to be in place. This updates the guidance published in 2022.
30
July
2024
Fundamental rights violations on the EU’s land and sea borders often go unreported. Investigations into these violations need to be more effective. This report gathers examples of alleged rights violations of migrants and refugees between 2020 and 2023. It sets out 10 steps to promote prompt and effective national investigations into incidents of ill-treatment at borders.
1
August
2024
Migrant workers are particularly at risk of labour exploitation. Workplace inspectors play a role in protecting non-EU workers' rights. This report guides inspectors to identify abuse and protect migrant workers. In autumn 2024, FRA will publish a manual with extensive resources to support workplace inspectors.
1
July
2024
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 the end of May 2024.
5
June
2024
FRA’s Fundamental Rights Report 2024 analyses the year’s developments in fundamental rights. It focuses on the most pressing fundamental rights concerns facing Europe in 2023: the cost-of-living crisis, rights concerns at the EU’s external borders and migration, and threats to democracy. Re-structured, this year’s new approach is a shorter and sharper analysis. It also presents FRA’s opinions on these developments, including a summary of the evidence supporting these opinions.
5
June
2024
The year 2023 brought both progress and setbacks in terms of fundamental rights protection. FRA’s Fundamental Rights Report 2023 reviews 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.
17
April
2024
This booklet is intended to support guardians assigned to children in the asylum procedure. It covers the technical aspects of the legal procedures related to the cross-border movement of such children. This booklet covers only procedures related to international protection. It is part of a series of four practical tools for guardians of unaccompanied children with international protection needs. The objective is to support guardians in their daily tasks and responsibilities during the asylum procedure, including the procedure under the Dublin III regulation and temporary protection. The tools have been developed by the European Union Agency for Asylum (EUAA) and FRA.
31
January
2024
Children’s rights exist to ensure the safety and wellbeing of every child. Improved child protection systems ensure that these rights are met. In recent years, the EU has taken significant steps to improve child protection systems. This mapping of child protection systems gives an overview of the state of such systems at national level and developments since 2015. It promotes the improvement of integrated child protection systems. It is an update of FRA’s mapping of child protection systems in 2015, based on data collected in 2023 in the 27 EU Member States. By publishing this, FRA aims to support securing the sustainable well-being, safety and rights of all children living in the EU.
18
December
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.
12
December
2023
Russia’s invasion of Ukraine forced millions of people to flee. Arriving in EU countries, they received protection in EU law under the Temporary Protection Directive. Many have begun to build a new life in their host country and enrich our societies in new ways. Local authorities took the lead in ensuring access to fundamental rights under temporary protection. This report explores the measures to ensure access to housing, education, employment and healthcare in 26 cities and regional authorities across 12 EU Member States. Despite unprecedented coordination and cooperation to overcome challenges, many uncertainties remain. Longer-term solutions will be needed after the directive expires in March 2025. Based on the information collected, the report identifies 12 priority actions and builds on FRA’s bulletins and survey findings on experiences of people displaced from Ukraine.
22
November
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.
31
October
2023
Fundamental rights are an important consideration in European border management. Virtually all activities can have an impact on rights – from risk analysis to training, border checks and border surveillance. Safeguards in laws regulating European border management aim to protect rights. This report is a contribution to the first review of the European Border and Coast Guard Regulation (EU) 2019/1896 that offers an opportunity to reflect on how best to improve the fundamental rights situation at the external borders of the EU.
20
October
2023
FRA’s strategic priorities and objectives are based on the agency’s role and mission as defined in its amended founding regulation. They build on FRA’s 2018–2022 strategy as well as how it performed, its experience and its vision. Their design takes into account future fundamental rights challenges facing Europe, the agency’s mandate, the broader operational context and the resources available.
12
October
2023
This tool introduces newly appointed guardians to the concept of international protection, possible forms of protection recognised through the asylum procedure, the relevant legal framework and the related rights of the child. It is part of a series of four practical tools for guardians of unaccompanied children with international protection needs. The objective is to support guardians in their daily tasks and responsibilities during the asylum procedure, including the procedure under the Regulation (EU) No 604/2013 (Dublin III regulation) and temporary protection. The tools have been developed by the European Union Agency for Asylum (EUAA) and the European Union Agency for Fundamental Rights (FRA).
12
October
2023
This booklet aims to support guardians assigned to children in the asylum procedure. It includes an overview of the asylum procedure with a specific focus on children, the guarantees in the asylum procedure and your role as a guardian in the different phases of the asylum process. There is also a section on what to do if something unexpected may happen, or if the age of the applicant is disputed. It is part of a series of four practical tools for guardians of unaccompanied children with international protection needs. The objective is to support guardians in their daily tasks and responsibilities during the asylum procedure, including the procedure under the Regulation (EU) No 604/2013 (Dublin III regulation) and temporary protection. The tools have been developed by the European Union Agency for Asylum (EUAA) and the European Union Agency for Fundamental Rights (FRA).
Map showing status of search and rescue ships and aircraft in Mediterranean as of end-June 2023
FRA
11
October
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.
29
September
2023
Russia’s invasion of Ukraine posed new challenges for the EU. Millions were forced to flee the war. As a result of the scale of people’s displacement, the EU activated for the first time the Temporary Protection Directive (TPD). More than 1.3 million children sought international protection in the EU. This bulletin explores the respect, protection and fulfilment of the fundamental rights of displaced children and ways to safeguard their rights. The third in a series, this bulletin builds on the evidence in FRA’s Bulletin #1 and #2 on the experiences of displaced people seeking safety in the EU.
6
September
2023
Integration and social inclusion are important aspects of EU migration and asylum policy. The fundamental rights of long-term residents in the EU are explored through this report, focussing on the Long-Term Residence Directive. EU long-term resident status includes rights to move and reside in other EU Member States. This report examines the reasons behind the low uptake of EU long-term resident permits, despite them typically giving more rights than national long-term resident permits.
Report / Paper / Summary
6
July
2023
Following yet another recent tragic shipwreck and loss of life in the Mediterranean, this short report sets out examples of actions the EU could take to meet its obligations to protect the right to life and prevent more deaths at sea. As part of the work that the EU Agency for Fundamental Rights (FRA) does on upholding fundamental rights in asylum and return procedures, this report calls for better protection for shipwreck survivors, and prompt and independent investigations. It sets out measures that EU Member States should take to improve search and rescue efforts and provide legal pathways to safety to prevent deaths at sea.
14
June
2023
In responding to Russia’s war against Ukraine, the EU activated its Temporary Protection Directive (TPD) for people who fled the country, allowing them to settle in the EU and to access basic public services and the labour market. By spring 2023, more than 4.5 million people had made use of the TPD or similar national protection schemes in the EU. In 2022, the European Union Agency for Fundamental Rights conducted an online survey among people displaced from Ukraine. Eurofound has analysed the survey results on their experiences when seeking to access employment. This paper highlights the main barriers that displaced people encountered and suggests ways to facilitate their inclusion.
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.
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.
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.
FRA Director Michael O'Flaherty visited the island of Samos, Greece, in April 2021 to get a sense of the reception facilities there. In this video, he acknowledges the efforts being made to improve facilities. He offers the Agency’s continued commitment to support these supports. As an example, he refers to FRA’s guidance on respecting fundamental rights at such facilities that could benefit both migrants and locals.
FRA Director Michael O'Flaherty, in his latest vlog, reflects on the migration situation at the EU’s external borders. He highlights the need for sustained joined-up efforts from all relevant bodies, including civil society, to protect the wellbeing and human rights of migrants. He underlines the importance of working with local communities as we receive migrants into our communities. He also points to room for improvement is our treatment of unaccompanied children.
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.
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.
Based on the lessons learned from relocation
experiences and on existing international and EU legal
standards, FRA has developed a number of practical
suggestions for the adjustment of relocation efforts to
the protection needs of unaccompanied children. This
guidance aims to be a practical tool for Member States
that wish to engage in the relocation of unaccompanied
children and in any future responsibility-sharing
mechanisms, and to gain knowledge on how this can
be done while respecting the child’s best interests.
Greece needs solid, sustained support and solidarity as it faces great migration challenges, says FRA Director Michael O’Flaherty after 2 days of meetings in Athens with authorities.
In this edition Michael O'Flaherty reports back from his visit to the asylum seeker facility in Lesbos and calls for the support of all EU Member States to improve in particular the situation of unaccompanied children.
In the latest edition of his video blog, FRA Director Michael O'Flaherty focuses on the migration situation in the Mediterranean Sea and makes three proposals.
Fundamental Rights Report 2019: Not all children benefit equally from efforts to guarantee child rights.
Some groups face particular difficulties.
Fundamental Rights Report 2019: Although migrant arrivals to the EU continue to drop, it remains a divisive issue politically and
across society. Nearly 4 in 10 Europeans think immigration is more of a problem than a solution.
And nearly a half overestimate the number of irregular migrants in their country.
Black people in the EU face unacceptable difficulties in getting a decent job because of their skin colour. Racist harassment also remains all too common.
This infographic illustrates the positive and negative impact on fundamental rights of using large-scale IT systems for security and border management.
For the past two years, FRA has been visiting reception centres for migrants across the EU.
FRA presented to Polish stakeholders key aspects of the nine building blocks of its new guidance on independent monitoring mechanisms under the EU Pact on Migration and Asylum. The FRA guidance is based on and gives effect to the EU Screening Regulation which obliges Member States to set up such independent national mechanisms by mid-2026.
FRA joined the second meeting of the Biometrics Cluster of the EU Innovation Hub for Internal Security. The cluster is composed of various EU Justice and Home Affairs Agencies, including FRA, and representatives of the European Commission.
FRA presented key aspects of the nine building blocks of its new guidance on independent monitoring mechanisms under the EU Pact on Migration and Asylum to a European Network of National Human Rights Institutions (ENNHRI) working group.
On 17 and 18 September, FRA attended a seminar organised by the UN Refugee Agency and the Czech Public Defender of Rights.
On 18 September, FRA hosted an online roundtable to discuss the findings of its project on the fundamental rights implications of the EU’s Entry Exit System.
New guidance from the EU Agency for Fundamental Rights (FRA) suggests how EU countries should set up independent national mechanisms to monitor fundamental rights compliance during border screening and asylum procedures.
Migrant workers in the EU often face labour exploitation and abuse. New guidance from the EU Agency for Fundamental Rights (FRA) outlines six ways labour inspectors can better safeguard migrant workers’ rights and help them seek justice. This autumn, the Agency will issue a practical manual with tips, examples and exercises to further support labour inspectors.
Between 18 and 20 June, FRA contributed to training on the Entry Exit System (EES). The system will register biometric data of non-EU nationals travelling to the EU as of October 2024.
Failure to rescue and assist migrants in distress, maltreatment, and abuse. These are some of the serious and life-threatening human rights violations at the EU’s land and sea borders that are not properly investigated. The latest report from the EU Agency for Fundamental Rights (FRA) identifies systemic gaps and obstacles to investigating such violations. The Pact on Migration and Asylum constitutes an opportunity to address these. The report suggests concrete steps to ensure more effective investigations into incidents of loss of life and ill-treatment at the EU’s borders.
FRA delivered a lecture on new forms of fundamental rights monitoring under the EU Pact on Migration and Asylum during a Summer School on EU Immigration and Asylum Law and Policy. The Odysseus Academic Network for Legal Studies on Immigration and Asylum in Europe convened the summer school.
FRA spoke to the Coordinated Supervision Committee about the fundamental rights implications of the EU’s Entry-Exit System.
Nearly 30,000 people have lost their lives crossing the Mediterranean Sea to seek sanctuary or a better life in Europe since 2014. The EU Agency for Fundamental Rights continues to outline the struggles civil society organisations face rescuing people in distress in the Mediterranean.
FRA took part in a workshop in Vilnius 18 and 19 June on enhancing Lithuania’s guardianship model. The European Asylum Agency organised the event.
FRA presented its updated draft guidance during the Council Frontiers Working Party on setting up national independent mechanisms to monitor fundamental rights compliance at EU borders. The meeting took place in Brussels on 6 June.
FRA and the Frontex Consultative Forum on Fundamental Rights attended the Frontex Management Board meeting on 13 June. They commented on the protection of fundamental rights in Frontex operations.
FRA joined working meetings on establishing the European Travel Information and Authorisation System (ETIAS). FRA is a member of the ETIAS Fundamental Rights Guidance Board, set up under the Regulation.
FRA delivered training on EU return laws and related case law of the EU’s Court of Justice at a training event for administrative judges in Budapest. The training took place on 30 May at the Hungarian Judicial Academy.
People’s fundamental rights are at risk across Europe. This is due to rising levels of poverty, persistent threats against democracy, widespread racism and challenges occurring in the context of migration, finds FRA’s Fundamental Rights Report 2024. These threats underline the need to ensure a strong and sustainable fundamental rights protection across the EU, particularly for people in vulnerable situations. The report suggests how policymakers and civil society can work in tandem to counter the threat of social exclusion and enable a more equal and fairer society for all.
FRA took part in a meeting of the European Trade Union Confederation’s Migration and Inclusion Committee in Brussels on 16 May.
Members of the Frontex Consultative Forum on Fundamental Rights met with the Frontex Management Board chairperson and the Frontex senior management.
FRA will address the European Committee of the Regions’ Conference on the Integration of Migrants: Unlocking New Opportunities for Cities and Regions.
FRA will run an online information session on 18 October on FRA’s work on Ukraine.
FRA will host a joint workshop in Brussels with the European Committee of the Regions on long-term solutions for displaced people from Ukraine.
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FRA will take part in a contingency plan exercise organised by the Finnish Border Guard in Helsinki and Southeast Finland.
On 20 September, FRA will take part in a roundtable meeting in Sofia on establishing national independent mechanisms to monitor fundamental rights compliance at EU external borders.
On 14 July, FRA will welcome members of the European Law Students’ Association (ELSA) from Munich. ELSA is an international association of law students and young lawyers.
The Council of Europe, EU, and the UN Refugee Agency (UNHCR) will host a seminar for European lawyers on European asylum and migration legal practices.
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FRA will give a presentation on applying good practices to future relocation schemes during a meeting in Malta from 24 to 25 May.
On 16 May, FRA will speak at HIAS Europe’s ‘The Welcome Circle programme for Ukrainians’ event.
FRA will talk about European legislation and fundamental rights on issues linked to migration in Europe during a seminar organised by the European Law Students' Association (ELSA) in Italy.
On 24 March, FRA will welcome a group of students from the University of Szeged’s Faculty of Law and Political Sciences.
On 17 November, FRA and the Commission for Citizenship, Governance, Institutional and External Affairs (CIVEX) will hold its annual dialogue in the European Committee of the Regions.
On 25 October, FRA will join discussions on the 100th Migration Preparedness and Crisis Blueprint report on the current situation at the EU borders with Ukraine.
FRA will join the annual general meeting of the European General Council of Refugees and Exiles. It will be part of a workshop on the role of EU agencies in supporting access to asylum.
FRA Director will speak to the European Parliament about migration and migrant rights on 16 March.
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FRA will give training to the EU Agency for Law Enforcement Training (CEPOL) on 9 March and to the European Border and Coast Guard Agency (Frontex) on 14 March.
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From 20-24 February, FRA will take part in “The week of neighbours” summit.
On 9 February, FRA will give a virtual presentation to the students of the master course Intercultural communication and European studies at Germany’s Fulda University of Applied Sciences.
On 18 January, FRA will speak about the fundamental rights implications of the large-scale EU IT systems used in migration.