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
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
German version now available
19 January 2024
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.
17
December
2021
The EU Agency for Fundamental Rights (FRA) regularly collects data on NGO vessels involved in search and rescue in the Mediterranean. This includes any legal proceedings against them, as well as any difficulties disembarking migrants in safe ports. The International Organization for Migration estimates that from January to 10 December 2021 about 1,654 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 more than four people per day. Deadly incidents have also occurred recently in the Channel (La Manche).
17
December
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 July and 30 September 2021.
13
December
2021
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. 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 2020, 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.
9
December
2021
This report sheds light on the realities faced by unaccompanied migrant children who are not in the care of child protection systems in the EU. Presented as a case study, it tells the story of children and young adults from Pakistan who travelled alone to the EU without their parents or other adults.
4
November
2021
This report outlines to what extent legal aid is available to those held in pre-removal detention in the 27 EU Member States, and in North Macedonia and Serbia, during procedures related to their return. These involve decisions on return, on detention pending removal, the removal itself and on bans on entry. The report also examines when people are entitled to free legal aid and how this aid is funded, as well as who provides representation and various factors that limit the scope of legal aid.
24
September
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 January and 30 June 2021.
9
July
2021
This note sets out human rights standards stemming from both the European Convention on Human Rights and European Union (EU) law that apply to effective remedies for human rights violations at borders, together with those on complaints mechanisms and investigations into complaints of rights violations at borders.
24
June
2021
The Employers Sanctions Directive was primarily enacted to dissuade employers from recruiting migrants in an irregular situation, but it also contains provisions to protect workers. It facilitates access to justice for exploited workers and sets out workers’ rights to claim back payment of outstanding wages. The directive also contains provisions to enhance the effectiveness of labour inspections. This report describes how the 25 Member States bound by the directive have been implementing its protective provisions, focusing on the impact these provisions have on migrant workers in an irregular situation who are victims of exploitation and other labour
law violations.
18
June
2021
The International Organization for Migration estimates that about 813 people died or went missing crossing the Mediterranean Sea to reach Europe to escape war, persecution or to pursue a better life in 2021, up to 15 June. This is an average of almost five people per day. The EU Agency for Fundamental Rights (FRA) collects data on NGO ships involved in search and rescue in the Mediterranean, legal proceedings against them, as well as difficulties in disembarking migrants in safe ports.
10
June
2021
The year 2020 brought both progress and setbacks in terms of fundamental rights protection. FRA’s Fundamental Rights Report 2021 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.
10
June
2021
FRA’s Fundamental Rights Report 2021 reviews major developments in the field in 2020, 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 the impact of the COVID-19 pandemic on fundamental rights. The remaining chapters cover: the EU Charter of Fundamental Rights; equality and non-discrimination; racism, xenophobia and related intolerance; Roma equality and inclusion; asylum, borders and migration; information society, privacy and data protection; rights of the child; access to justice; and the implementation of the Convention on the Rights of Persons with Disabilities.
On 6-8 December 2023, the Greek Ministry of Migration and Asylum in collaboration with the EU Agency for Fundamental Rights (FRA) and the EU Asylum Agency (EUAA) provided a training of trainers on guardianship for unaccompanied children.
On 8 December, FRA contributed to discussion on human rights compliant asylum procedures in the Parliamentary Assembly of the Council of Europe (PACE) Committee on Migration, Refugees and Displaced Persons. FRA reported about obstacles in accessing asylum procedures at EU’s external borders as described in its report Asylum and migration:
Longer-term plans, better information and administrative flexibility would support local authorities providing people who fled the war in Ukraine improved access to housing, education, jobs and healthcare in the EU, finds an EU Agency of Fundamental Rights (FRA) report. It examines how authorities responded to the first-ever activation of the EU’s Temporary Protection Directive. It identifies good practices and suggests how authorities can tackle the many shared challenges they face.
FRA took part in the first meeting of the Council of Europe consultation group focusing on children from Ukraine. The meeting focused on applicable law, guardianship, reception and mental health programmes.
On 5 December, FRA presented key developments in terms of fundamental rights for asylum seekers and migrants during the plenary meeting of the EU Migration Preparedness and Crisis Blueprint.
FRA contributed to a Spanish Presidency European Migration Network event on ‘Shaping the future of EU legal migration’. Participants discussed tools and challenges of labour migration policies as well as complementary pathways linked to work for people in need of international protection.
On 22 November, FRA gave a presentation online on guardianship for unaccompanied children. The presentation was part of a seminar organised by the European Committee of the Regions and UNICEF to celebrate World Children’s Day.
Every year, the EU Agency for Fundamental Rights (FRA) updates its overview of national forced return monitoring systems across the EU. The overview for 2022 is now available.
On 14 November, the Advisory Board of the Independent Monitoring Mechanism of Croatia met in Zagreb. They discussed progress in implementing the activities agreed for 2023.
On 16 November, FRA took part in a seminar on information provision during the Justice and Home Affairs Agencies network meeting. The seminar covered information provision in different migratory contexts.
On 9 November, FRA gave a presentation on its upcoming ‘Manual for labour inspectors on the protective elements of EU law for third-country workers’.
FRA presented its project on remote biometric identification in law enforcement and the fundamental rights implications at the annual congress of the Biometrics Institute.
FRA gave a presentation on enhancing the role of the EU Charter of Fundamental Rights in asylum matters during the Academy of European Law’s (ERA) annual conference on European asylum and migration law.
FRA took part in two Frontex working group meetings for Member States on screening rules for ETIAS, the European Travel Information and Authorisation System. FRA is a member of the ETIAS Fundamental Rights Guidance Board.
The Frontex Consultative Forum meeting took place on 18 October in Warsaw.
On 5 October, FRA presented its upcoming trainers manual for labour inspectors at the Labour Migration Platform in Brussels.
The EU Agency for Asylum (EUAA) held the final meetings of the working groups drafting standards and indicators on reception conditions and on asylum seekers in vulnerable situations.
Practical tools to support guardians represent unaccompanied migrant children are now available. The two new booklets from the European Union Agency for Asylum (EUAA) and the EU Agency for Fundamental Rights (FRA) aim to equip guardians with the knowledge and support they need when interacting with EU asylum and reception authorities.
Over 28,100 people have died or been lost at sea in the Mediterranean since 2014 trying to reach safety. These figures from the International Organization for Migration underline the human tragedy haunting Europe. The EU Agency for Fundamental Rights (FRA) tracks the ongoing struggles civil society face rescuing people in distress in the Mediterranean Sea.
FRA presented its report on how to prevent and respond to deaths at sea to the European Contact Group on Search and Rescue on 2 October.
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On 9 and 10 October, FRA will participate in the European Border and Coast Guard Agency’s international conference on biometrics for borders.
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FRA will join the third in a row of four child guarantee workshops organised by the European Commission.