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
    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.
    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.
    FRA presented its guidance on monitoring fundamental rights during screening and the asylum border procedure to a European Parliament Asylum Working Group. The Group is part of the Parliament’s Committee on Civil Liberties, Justice and Home Affairs.
    FRA attended a European Commission meeting with EU Member States and relevant EU Justice and Home Affairs agencies to discuss the first draft of the European Annual Asylum and Migration Report.
    FRA’s guidance on setting up national independent mechanisms to monitor compliance with fundamental rights during screening and the asylum border procedure  is now also available in more languages. It is now also in Croatian, Czech, Finnish, Greek, Hungarian, Italian, Polish and Spanish.
    FRA took part at a meeting of the ETIAS Fundamental Rights Guidance Board which took place on 25 and 26 June in Warsaw. During the meeting, the Board discussed the methodology of the screening rules, the criteria for the ex-ante assessment of the risk indicators and the 2024 annual report.
    FRA contributed to the training on 23-28 June in Bucharest for Schengen evaluators in the field of return and management of external borders. This is a regular event organised jointly by the European Commission and the European Border and Coast Guard Agency, Frontex.
    FRA was a speaker during a panel on the EU’s proposed new return regulation and the concept of ‘return hubs’ at the 25th Berlin Symposium on Refugee Protection. It focused on fundamental rights issues and limitations.
    On 17 June, the Advisory Board of the Independent Border Monitoring Mechanism of Croatia met in Zagreb. They discussed the monitoring mechanism’s last periodic work report that covering the first five months of 2025.
    The Mediterranean remains a deadly route, with a rising number of migrant deaths. Since 2014, over 32,000 people have lost their lives crossing the Mediterranean Sea to seek safety and protection or a better life in Europe. In its latest update of search and rescue operations at sea on World Refugee Day, the EU Agency for Fundamental Rights (FRA) highlights how capacity issues, legal challenges and other measures against civil society organisations continue to hamper efforts to save lives.
    On 12 June, FRA attended a workshop organised by the European Union Asylum Agency (EUAA) in cooperation with the Austrian Supreme Administrative Court and the Austrian Federal Administrative Court at the Supreme Administrative Court in Vienna.
    FRA participated at a meeting of the European Union’s Asylum Agency’s working group drafting standards and indicators on reception conditions. The drafting group is formed by representatives from the European Commission, representatives from Member States, the UN Refugee Agency and FRA.
    FRA delivered fundamental rights input at two training events for lawyers working on migration and asylum in Europe. The first one was a webinar organised by the European Lawyers Foundation, in collaboration with the Council of Bars and Law Societies in Europe.
    FRA provided fundamental rights input at two recent European Migration Network expert meetings. Both took place on 21 May in Brussels.
    On 27 May, FRA provided online training on fundamental rights when using biometrics at an event organised by Frontex. The event focused on vulnerabilities in automated border crossings at Lisbon airport.
    FRA spoke during the EU Asylum Agency’s (EUAA) fourth High-Level Roundtable on developments in judicial dialogue in the field of international protection. It looked at case law from the Court of Justice of the EU, the European Court of Human Rights and national courts.
    On 15 May, FRA took part in a conference in Helsinki that focused on the return of deported Ukrainian children. FRA contributed to the panel looking at the illegality of deporting Ukrainian children, accountability and restoration of justice.
    FRA held an online roundtable discussion on effective guardianship for unaccompanied refugee children in Bulgaria on 21 May. As part of the event, FRA presented its analysis of guardianship within the context of the EU Pact on Migration and Asylum.
    Frontex Consultative Forum members met with Frontex senior management from 13 to 14 May in Warsaw.
    FRA presented to the EU Council’s Asylum Working Party its updated guidance on setting up national independent mechanisms to monitor fundamental rights compliance during screening and asylum border procedures.
    FRA gave a presentation on its updated guidance on independent national monitoring mechanisms that should be set up as part of screening and the asylum border procedures at a event on how to apply the EU’s new Screening Regulation.
    FRA joined a meeting of the ETIAS Fundamental Rights Guidance Board. They discussed the 2024 annual report and the 2025 work programme.