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
    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.
    8
    June
    2023
    Russia’s unprovoked war of aggression against Ukraine has resulted in massive internal and external population displacement. The European Union (EU) rapidly activated its Temporary Protection Directive for the first time since it was adopted in 2001. This entitled nearly 4 million people to legal residence and access to work, housing and legal assistance, education and healthcare.
    8
    June
    2023
    FRA’s Fundamental Rights Report 2023 reviews major developments in the field in 2022, 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
    2023
    The year 2022 brought both progress and setbacks in terms of fundamental rights protection. FRA’s Fundamental Rights Report 2023 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.
    30
    May
    2023
    Over the span of nearly eight years, there have been developments in showing respect for the human rights of those who arrive at the EU’s borders. Russia’s war of aggression against Ukraine has shown how a large and sudden influx of people can be managed effectively and respectfully. Notwithstanding the improvements, the growing number of people crossing or attempting to enter the EU pose a wide range of fundamental rights challenges.

    In this bulletin, FRA takes stock of concerns and improvements regarding the fundamental rights of migrants, asylum seekers and refugees. It highlights the EU Member States’ legal and practical responses. It identifies key trends, promising practices, long-standing and emerging patterns, and persistent concerns.
    1
    March
    2023
    This manual is designed to help institutions, organisations and individuals to train guardians of unaccompanied children or to deliver ‘train-the-trainers’ courses. It can be used in a range of training contexts, such as professional and academic training, on-the-job training and continuing training. The manual is based on human and fundamental rights principles and ethical standards and recognises that the child and the guardian have their own personal stories, resources and capacities. It enhances guardians’ confidence to promote the child’s rights and best interests. It also enhances their confidence to act independently and impartially in relation to different state
    officials, service providers and other community members.
    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.
    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.
    24
    November
    2022
    The European Union Agency for Fundamental Rights (FRA) and the European Union Agency for Asylum (EUAA) joined forces to create this tool focusing on temporary protection for unaccompanied children fleeing Ukraine.
    11
    November
    2022
    Europe stands at a delicate moment in its history. It is a moment of existential significance for the wellbeing and sustainability of our societies. It is emerging from the pandemic caused by the coronavirus disease, only to face a set of major overlapping challenges. These pose profound questions about the political, economic and societal future of the continent. To discuss elements of a human rights vision for the future and to identify opportunities for action, FRA brought together a group of sixty human rights leaders and experts with diverse backgrounds
    from across the continent. This report distils the meeting discussions, including analysis and ideas, and concludes with proposals for action. It does not represent the views either of individual participants or of FRA.
    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.
    This infographic illustrates the main experiences immigrants and ethnic minorities across the EU have when it comes to discrimination. It draws from the findings from FRA's EU-MIDIS II survey.
    This infographic illustrates the main experiences immigrants and ethnic minorities across the EU have when it comes to victimisation. It draws from the findings from FRA's EU-MIDIS II survey.
    This infographic illustrates the main experiences immigrants and ethnic minorities across the EU have when it comes to inclusion. It draws from the findings from FRA's EU-MIDIS II survey.
    The Agency, in close cooperation with the Maltese Presidency of the EU Council, held a high-level symposium where the fundamental rights issues that are currently high on the EU’s political agenda were discussed.
    Listen to what children say about the situation of people, particularly children, residing in the European Union, who needed to flee from their home country or left their country of birth for any other reason and what they suggest to implement change.
    Miltos Pavlou, Senior Programme Manager at the EU Agency for Fundamental Rights, talks about the participation of migrants and their descendants in the EU.
    This infographic illustrates some of the main issues when it comes to integrating migrants and their descendants in the EU.
    The Agency’s Director, Michael O’Flaherty, took part in a meeting of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) on 9 February.
    The Agency’s Director, Michael O’Flaherty, took part in a meeting of the European Parliament Employment Committee on 8 November.
    The Agency shared its view on protecting child rights in the Dublin Procedure, particularly for unaccompanied children at a hearing organised by the European Parliament’s Civil Liberties, Justice and Home Affairs Committee in Brussels on 10 October.
    The Fundamental Rights Forum (FRF) is organised by the EU Agency for Fundamental Rights (FRA) in cooperation with various partners. Refugee Protection is one of the three themes for the FRF which will take place in Vienna from 20-23 June 2016.
    This infographic outlines FRA's work along a simplified version of the EU migration flow. Each item is hyperlinked so you can find out more on each topic.
    This video message by UN Special Rapporteur Francois Crépeau was produced for the Fundamental Rights Conference 2014 (FRC) on Migration.
    This video message by UN High Commissioner Prince Zeid Ra'ad Al Hussein was produced for the Fundamental Rights Conference 2014 (FRC) on Migration.
    This video introduces the topics of the Fundamental Rights Conference 2011.
    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 trained staff of the Hungarian National Directorate-General for Aliens Policing and representatives of the National Police Headquarters dealing with return/readmission in Budapest on 15 April.
    FRA contributed to the training of Schengen evaluators on 22-26 April in Budapest on returns and the management of external borders
    The Frontex Consultative Forum on Fundamental Rights meeting will take place on 20 October.
    FRA will present its study on role of the Employers Sanctions Directive on protecting irregular migrants from labour exploitation to the European Parliament.
    The European Guardianship Network will discuss on 22 June the training materials for guardians that FRA and its contractor Defence for Children International Italy are developing. The draft manual targets trainers of guardians. The content covers ten modules.
    FRA will speak to law enforcement officers about data quality in EU migration and security IT systems.
    The next Frontex Consultative Forum meeting takes place on 3 February.
    FRA will present its report on fundamental rights issues at EU land borders to the Schengen Scrutiny Group of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE).
    The FRA Director will address the situation of unaccompanied migrant children during a European Parliament seminar.
    FRA and the European Court of Human Rights will launch the 2020 edition of the FRA and Council of Europe handbook on European law relating to asylum, borders and immigration. This online book launch will take place on 17 December. It is being organised in collaboration with the International Association of Refugee and Migration Judges and the European Asylum Support Office (EASO).
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    This year, FRA again teams up with the This human world international human rights film festival.
    The third Euro-Mediterranean Communicators´ workshop will tackle the question what is next for the migration narrative in the Euro-Mediterranean region?
    The Consultative Forum of the European Border and Coast Guard Agency, Frontex, will meet on 15 October. FRA currently co-chairs the forum together with UN Refugee Agency (UNHCR).
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    FRA’s migration reporting toolkit for journalists will feature in two workshops and be discussed with media partners during the III International Congress of Migration Reporting. The workshops will present how journalists’ knowledge of fundamental rights affects migration reporting.
    FRA, as co-chair of the Frontex Consultative Forum, will chair a meeting with Frontex Fundamental Rights Officer on 24 June.
    The FRA Director will address the European Parliament’s Committee for Civil Liberties, Justice and Home Affairs (LIBE) on 2 April.