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

  • 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.
  • Opinion / Position Paper
    6
    February
    2025
    This FRA Position Paper outlines the Agency’s position on the creation of 'return hubs' in non-EU countries for migrants who have been ordered to leave the EU. Considering the serious fundamental rights risks connected with running return hubs, this legal analysis presents the conditions that would have to be met for return hubs to respect fundamental rights and comply with EU law. These include setting up agreements with the host countries and creating independent human rights monitoring mechanisms. The position paper does not examine centres in third countries that process asylum applications.
  • 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.
  • 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.
    Publications and data
    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.
    10
    June
    2021
    This focus looks at COVID-19’s impact on fundamental rights. It underscores that a human rights-based approach to tackling the pandemic requires balanced measures that are based on law, necessary, temporary and proportional. It also requires addressing the pandemic’s socio-economic impact, protecting the vulnerable and fighting racism.
    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.
    26
    March
    2021
    This note outlines how to help ensure a dignified stay for third-country nationals who are apprehended or intercepted at external borders. Specifically, FRA identifies twelve points for protection-sensitive and fundamental rights-compliant planning and design of initial-reception facilities at such borders. These are based on the agency’s work at external borders, including data collection and research activities.
    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.
    25
    February
    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 October and 31 December 2020.
    18
    December
    2020
    In 2020 (until 15 December), the International Organization for Migration estimated that about 1,054 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 almost three people per day. In the past years, a significant number of migrants in distress at sea have been rescued by civil society vessels deployed with a humanitarian mandate to reduce fatalities and bring rescued migrants to safety. Since 2018, however, national authorities initiated some 50 administrative and criminal proceedings against crew members or vessels, also seizing the latter. In some cases, rescue vessels were blocked in harbours due to flag issues or the inability to meet maritime safety-related and other technical requirements.
    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.
    8
    December
    2020
    This report looks at fundamental rights compliance at the European Union (EU)’s external land borders, including rivers and lakes. On 30 January 2020, the European Parliament requested the EU Agency for Fundamental Rights (FRA) to prepare a report on these borders. It noted that the report should focus on the correct application of the safeguards in the European asylum acquis and the provisions of the Schengen Borders Code (Regulation (EU) 2016/399).
    6
    November
    2020
    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 2020.
    20
    October
    2020
    The EU Fundamental Rights Agency published in 2019 its report on the ‘Integration of young refugees in the EU’. The report explored the challenges of young people who fled armed conflict or persecution and arrived in the EU in 2015 and 2016. The report is based on 426 interviews with experts working in the area of asylum and integration, as well as 163 interviews with young people, aged 16 to 24, conducted between October 2017 and June 2018 in 15 regions and cities located in six Member States: Austria, France, Germany, Greece, Italy and Sweden. The links on this page provide a summary of the information collected during this period for each country about unaccompanied children turning 18 and the change in people’s legal status once international protection is granted. These two issues had at the time been identified as moments requiring sufficient, consistent and systematic support, particularly from lawyers, social workers and guardians, to ensure successful integration.
    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.
    29
    July
    2020
    As we enter the second half of 2020, the constraints on our daily lives brought about by the Coronavirus pandemic have become a firm reality. New local lockdowns and the reintroduction of restrictive measures prompted by fresh outbreaks of the virus are a stark reminder that COVID-19 continues to shape our lives – and our enjoyment of fundamental rights – in profound ways. There is compelling evidence of how the pandemic has exacerbated existing challenges in our societies. This FRA Bulletin outlines some of the measures EU Member States adopted to safely reopen their societies and economies while continuing to mitigate the spread of COVID-19. It highlights the impact these measures may have on civil, political and socioeconomic rights.
    27
    July
    2020
    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 April and 30 June 2020.
    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
    FRA attended the European Guardianship Network meeting in Rome from 16 to 17 April. FRA presented developments on guardianship for unaccompanied children in the Asylum and Migration Pact.
    To better support unaccompanied children seeking protection, the European Union Agency for Asylum (EUAA) and the EU Agency for Fundamental Rights (FRA) have released their latest Practical Tool for Guardians. The tool will support guardians in assisting unaccompanied children with their asylum applications when there are different countries involved, such as in family reunification or relocation procedures.
    FRA contributed to a roundtable discussion on migrant women in Brussels on 10 April. The COST ‘Women on the Move’ Programme organised the event. It focused on women's migration across Europe.
    Mid-level officers of the Bulgarian border police took part in three consecutive workshops on fundamental rights. FRA, together with Frontex Fundamental Rights Office (FRO) and the Bulgarian Office of the UN’s Refugee Agency ran the workshops.
    The Fundamental Rights Officer from the Greek Ministry of Migration and Asylum visited FRA from 13 to 14 March to discuss the methodology for a fundamental rights impact assessment of the closed and controlled access centres on the Greek islands.
    FRA attended the annual meeting of the EUAA training reference group in Malta on 5 March. It was joined by representatives of the European Commission, the European Border and Coast Guard Agency (Frontex), the UN Refugee Agency, the European Council on Refugees and Exiles (ECRE) and the EU Asylum Agency’s Consultative Forum.
    On 26 and 27 February, FRA visited the Closed Controlled Access Centre of Mavrovouni in Lesvos. The visit to this initial reception facility relates to FRA’s commitments under the December 2020 Greece-EU Memorandum of Understanding on a Multi-Purpose Reception and Identification Centre in Lesvos.
    On 5 March, FRA attended a Plenary meeting of the EU Migration Preparedness and Crisis Blueprint, a mechanism established by the European Commission for better monitoring and anticipating migration movements.
    FRA took part in a meeting of the Austrian task force on Ukraine on 1 March in Vienna.
    FRA attended a meeting of the EU Migration Preparedness and Crisis Blueprint. The meeting on 27 February marked the second anniversary of the Russian war of aggression against Ukraine.
    FRA and the UN Refugee Agency were re-elected as co-chairs to the Frontex Consultative Forum on fundamental rights.
    FRA took part in a meeting on one of the subgroups of the European Labour Authority (ELA) Platform tackling undeclared work. The Subgroup looks at safe reporting and complaint mechanisms for workers to denounce abuse and seek support.
    In a meeting on 5 February, FRA introduced its project on data collection on fundamental rights at external borders in 18 EU Member States and candidate countries.