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

  • Periodic updates / Series
    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.
  • Report / Paper / Summary
    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.
  • 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.
  • Report / Paper / Summary
    27
    March
    2020
    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 exercising border control, states have a duty to protect the fundamental rights of all people under their jurisdiction, regardless of their nationality and/or legal status. Under EU law, this includes providing access to asylum procedures.
Products
19
June
2019
In 2018, some 2,299 people are estimated to have died or gone missing at sea while crossing the sea to reach Europe to escape war or persecution or to pursue a better life. This is on average more than six people per day. Before mid-2017, a significant share 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. In 2018, however, authorities in some Member States viewed civil society-deployed rescue vessels with hostility. As a reaction, they seized rescue vessels, arrested crew members, and initiated legal procedures against them (more than a dozen altogether). In some cases, rescue vessels were blocked in harbours due to flag issues.
13
June
2019
New language versions: FI, MT, PT, CS, LV, LT, SK, SL, SV, ET
03 November 2020
Children deprived of parental care found in another EU Member State other than their own aims to strengthen the response of all relevant actors for child protection. The protection of those girls and boys is paramount and an obligation for EU Member States, derived from the international and European legal framework. The guide includes a focus on child victims of trafficking and children at risk, implementing an action set forth in the 2017 Communication stepping up EU action against trafficking in human beings, and takes into account identified patterns, including with respect to the gender specificity of the crime.
6
June
2019
How much progress can we expect in a decade? Various rights-related instruments had been in place for 10 years in 2018, prompting both sobering and encouraging reflection on this question.
6
June
2019
The year 2018 brought both progress and setbacks in terms of fundamental rights protection. FRA’s Fundamental Rights Report 2019 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.
Periodic updates / Series
16
May
2019
The EU Agency for Fundamental Rights has been regularly collecting data on 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 movements.
It addresses fundamental rights concerns between 1 January and 31 March 2019.
27
March
2019
This report looks into the fundamental rights situation of asylum applicants and beneficiaries of international protection in the EU throughout 2018. It pulls together the main issues identified in FRA’s regular updates on fundamental rights related to asylum, migration and borders in selected EU Member States, which the agency has been publishing since September 2015.
11
March
2019
In November 2016, FRA formulated 21 individual opinions to address the fundamental rights shortcomings identified in the implementation of the hotspot approach in Greece and Italy. Despite genuine efforts to improve the situation since November 2016, many of the suggestions contained in the 21 opinions FRA formulated at the time remain valid.
Periodic updates / Series
18
February
2019
The EU Agency for Fundamental Rights has been regularly collecting data on 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 large migration movements.
17
January
2019
This Opinion by FRA aims to inform the European Parliament’s position on the legislative proposal for a recast Directive on common standards and procedures in Member States for returning illegally staying third country nationals (Return Directive), presented by the European Commission on 12 September 2018.
6
December
2018
This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform
the European Parliament’s position on the legislative proposal on the European Border and
Coast Guard (EBCG) presented by the European Commission on 12 September 2018.
5
December
2018
Last versions available are EL and NL
11 March 2021
This guide explains what profiling is, the legal frameworks that regulate it, and why conducting profiling lawfully is both necessary to comply with fundamental rights and crucial for effective policing and border management. The guide also provides practical guidance on how to avoid unlawful profiling in police and border management operations.
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.
Periodic updates / Series
26
November
2018
The EU Agency for Fundamental Rights has been collecting relevant data since September 2015, in light of the increasing numbers of refugees, asylum seekers and migrants entering the EU. This report focuses on the fundamental rights situation of people arriving in Member States particularly affected by large migration movements. The countries covered are: Austria, Bulgaria, Croatia, Denmark, Finland, France, Germany, Greece, Hungary, Italy, the Netherlands, Poland, Spain and Sweden.
26
October
2018
The EU Agency for Fundamental Rights’ 2018 Fundamental Rights Forum
brought together more than 700 human rights champions at a time of
widening social divisions and increasingly polarised politics across
Europe.
1
October
2018
This note draws attention to the recent trend of criminalising search and rescue operations (SAR) in the Mediterranean Sea carried out by non-governmental organisations (NGOs) or other private entities. This includes seizing rescue vessels, as well as arrests for crew members, in some EU Member States. Most of such incidents concerned NGOs operating in the Central Mediterranean Sea.
Periodic updates / Series
21
September
2018
The EU Agency for Fundamental Rights has been collecting relevant data since September 2015, in light of the increasing numbers of refugees, asylum seekers and migrants entering the EU. This report focuses on the fundamental rights situation of people arriving in Member States particularly affected by large migration movements. The countries covered are: Austria, Bulgaria, Croatia, Denmark, Finland, France, Germany, Greece, Hungary, Italy, the Netherlands, Poland, Spain and Sweden.
14
September
2018
This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform the European Parliament’s position concerning the legislative proposal for a Regulation on strengthening the security of identity cards of European Union (EU) citizens and of residence documents issued to EU citizens and their family members exercising their right of free movement. It focuses on the processing of biometric data and complements the opinion published by the European Data Protection Supervisor (EDPS).
10
September
2018
This Opinion aims to
inform the European Parliament’s position on the legislative proposal amending the
Visa Information System, the Visa Code and other related provisions of EU law. The
European Commission presented the proposal on 16 May 2018 and EU legislators are
currently discussing it.
5
September
2018
Severe labour exploitation is widespread across the European Union. While workplace inspections can help counter this phenomenon, they need to be strengthened to do so effectively. Based on interviews and focus group discussions with almost 240 exploited workers active in diverse economic sectors, this report provides important evidence on how unscrupulous employers manipulate and undermine inspections, and on what can be done to counteract such efforts.
So far this year, almost five people per day on average died crossing the Mediterranean Sea to reach Europe, estimates the International Organization for Migration. Ahead of World Refugee Day 2021, the EU Agency for Fundamental Rights points to ongoing difficulties facing civil society rescue efforts in the Mediterranean, complicated by the Covid-19 pandemic.
The COVID-19 pandemic exposed gaps in respecting the fundamental rights to health, education, employment and social protection across society. FRA’s Fundamental Rights Report 2021 plots the pandemic’s wide-ranging impact on rights and suggests how best to address increasing inequalities and threats to societal cohesion.
FRA took part in a panel discussion on triggering change nationally towards respect for the human rights of migrants at borders through the work of NHRIs and other human rights defenders.
On 20 May, FRA attended the third online meeting of the EU Migration Preparedness and Crisis Management Mechanism (Blueprint) Network.
FRA spoke to eu-LISA staff about the fundamental rights implications of the European Travel and Authorisation System. It drew on its Opinion on the fundamental rights impact of ETIAS and its research into large-scale EU IT migration systems. FRA rose awareness of the possible fundamental rights risks that can emerge if safeguards are not duly implemented.
On 18 May, FRA participated in the online meeting of the network of EU Agencies’ contact points on human trafficking.
The EU law enforcement training agency (CEPOL) gathered experts from EU Agencies and Member States to identify and discuss future training needs on information exchange and interoperability of EU IT systems.
On 27 April, FRA attended the high-level forum on the implementation of the architecture for the EU information systems for borders, migration and security.
FRA took part in the online expert meeting of the Frontex Technology Foresight on Biometrics for the future of Travel group.
This week, Michael O’Flaherty, Director of the EU Agency for Fundamental Rights (FRA), visited the reception facilities on the island of Samos in Greece.
FRA delivered online training on 30 March on the fundamental rights considerations of returning unaccompanied children. The European Union Agency for Law Enforcement Training (CEPOL) organised the webinar.
The Consultative Forum of the European Border and Coast Guard Agency (Frontex) issued its fundamental rights considerations to the Frontex Management Board Working Group on Fundamental Rights and Legal Operational Aspects of Operations in the Aegean Sea.
On 12 March, FRA participated in an online roundtable organised by regional authorities in Catalonia responsible for the protection of unaccompanied children. Several NGOs, medical associations, trade unions and child protection authorities of different cities participated.
On 10 March, the European Migration network launched its report on the state of implementation in 2019 of the EU’s Communication on protecting migrant children.
The EU Agency for Fundamental Rights (FRA) identifies a number of persistent and emerging fundamental rights concerns in its latest migration bulletin.
FRA presented areas where EU funding could help address fundamental rights challenges in the field of asylum, borders and immigration. This could support Member States om their the implementation of EU law safeguards as they prepare their multiannual programmes under the new migration and security funds.
FRA carried out fundamental rights training during a webinar on interoperability of the EU large-scale IT systems.