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
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.
6
September
2018
Workers are being severely exploited for their labour across the EU, and
inspections are not effective at stopping this reality. Based on interviews with
almost 240 workers – including non-EU citizens who came to the EU and
EU nationals who moved to another EU country to work – a new FRA report
outlines the problem and identifies ways to bolster inspections.
Periodic updates / Series
23
July
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.
21
June
2018
The EU Return Directive (2008/115/EC) in Article 8 (6) introduced an important fundamental rights safeguard for third-country nationals ordered to leave the EU because they do not or no longer fulfil the conditions for entry and/or stay. According to the Directive, Member States must provide for an effective forced-return monitoring system.
15
June
2018
The stories of the domestic workers FRA interviewed for this paper reveal appalling working conditions and fundamental rights abuses in private homes across the EU. These stories indicate that, seven years on from FRA’s first report on domestic workers in 2011, little has changed in terms of the risks and experiences of severe labour exploitation domestic workers in the EU face.
6
June
2018
The year 2017 brought both progress and setbacks in terms of rights protection. The European Pillar of Social Rights marked an important move towards a more ‘social Europe’. But, as experiences with the EU Charter of Fundamental Rights underscore, agreement on a text is merely a first step. Even in its eighth year as the EU's binding bill of rights, the Charter's potential was not fully exploited, highlighting the need to more actively promote its use.
6
June
2018
The year 2017 brought both progress and setbacks in terms of fundamental rights protection. FRA’s Fundamental Rights Report 2018 reviews major developments in the field, identifying both achievements and remaining areas of concern.
Periodic updates / Series
28
May
2018
In view of the increasing numbers of refugees, asylum seekers and migrants entering the EU, the EU Agency for Fundamental Rights has been collecting relevant data since September 2015. This report focuses on the fundamental rights situation of people arriving in Member States particularly affected by large migration movements. This report addresses fundamental rights concerns between 1 March-30 April 2018.
17
May
2018
Civil society organisations in the European Union play a crucial role in promoting fundamental
rights, but it has become harder for them do so – due to both legal and practical restrictions.
This summary outlines the main
findings and FRA’s opinions on the different
types and patterns of challenges faced by civil society
organisations across the EU,
25
April
2018
The methods used to determine the age of
an applicant may include “invasive” medical tests which interfere with the rights of the child, including their right to dignity,
integrity and privacy. It is often a challenge to find the right balance between protecting children from harm and promoting
their participation in these procedures. This report provides important insights and identifies the implications of collecting
children’s biometric data and conducting age assessments.
19
April
2018
This Opinion by the European Union Agency for Fundamental Rights (FRA) aims to inform the European Parliament position concerning legislative proposals on interoperability between EU information technology systems (IT systems) presented on 12 December 2017 and currently discussed by the EU legislators.
28
March
2018
This report outlines the fundamental rights implications of collecting, storing and using
biometric and other data in EU IT systems in the area of asylum and migration.
Periodic updates / Series
26
March
2018
In view of the increasing numbers of refugees, asylum seekers and migrants entering the EU, the EU Agency for Fundamental Rights has been collecting relevant data since September 2015. These focus 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.
This infographic illustrates the positive and negative impact on fundamental rights of using large-scale IT systems for security and border management.
FRA and the Consultative Forum attended the Frontex Management Board meeting.
FRA compiled an overview of key aspects of national laws implementing the EU Temporary Protection Directive in nine EU Member States.
The first meeting of the ETIAS Fundamental Rights Guidance Board took place on 14 November.
The first meeting of the Consultative Forum of the European Union Agency for Asylum (EUAA) took place in Malta on 10 November.
FRA presented and discussed its second bulletin on the fundamental rights impact of the Russian aggression against Ukraine at the Working Party on Fundamental Rights, Citizens' Rights and Free Movement of Persons (FREMP).
On 27 October, FRA took part in a meeting of the European Migration Network (EMN) Steering Board.
FRA attended the launch conference of the European Network on Statelessness’ Stateless Journeys campaign.
FRA was a panellist in back-to-back workshops at this year’s advanced course on international protection in Europe.
FRA contributed to the plenary meeting of the European Platform tackling undeclared work.
FRA co-chaired the Frontex Consultative Forum meeting together with the UN Refugee Agency.
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. With fundamental rights ensured by law, practical challenges remain. The latest Ukraine bulletin from the EU Fundamental Rights Agency (FRA) explores the broad fundamental rights implications of the war within the EU, and its consequences for every single EU Member State.
On 13 October, FRA spoke about the Temporary Protection Directive during a conference in Cyprus organised by the European Migration Network (EMN).
An integral part of managing the EU’s external borders is respect for people’s fundamental rights. A new guidance from the EU Agency for Fundamental Rights (FRA) suggests how EU countries should set up independent national schemes to monitor fundamental rights compliance at the EU’s external borders.
FRA presented its forthcoming guidance on setting up national independent border monitoring mechanisms at the 2022 European Conference of National Preventive Mechanisms.
On 19 September, FRA took part in an online meeting organised by PICUM.
FRA gave training on fundamental rights issues in Schengen evaluations from 26 to 27 September.
FRA provided fundamental rights training for ETIAS national units in Warsaw.
On 20 September, FRA gave a presentation on fundamental rights for Europol’s guest officers who will be deployed in Greece and Cyprus.
Each year, FRA provides an update of its overview of forced return monitoring systems across the EU. The 2021 overview is now online.