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
    30
    May
    2017
    Diverse efforts at both EU and national levels sought to bolster fundamental rights protection in 2016, while some measures threatened to undermine such protection.
    29
    May
    2017
    This year marks the 10th anniversary of the EU Agency for Fundamental Rights. Such a milestone offers an opportunity for reflection – both on the progress that provides cause for celebration and on the lingering shortcomings that must be addressed.
    19
    May
    2017
    This report assesses asylum seekers’ and refugees’ opportunities to access early
    childhood education and primary, secondary and tertiary education and training.
    It identifies measures available for their support, as well as possible areas for
    improvement.
    Report / Paper / Summary
    7
    April
    2017
    This note draws on past FRA materials on the fundamental rights of migrants in an irregular situation who cannot be removed. It draws attention to the obligation of EU Member States to provide them with a certification of postponement of removal and to grant them access to core fundamental rights.
    24
    March
    2017
    This report reviews how asylum claims based on sexual
    orientation and gender identity are assessed and analyses the existence of
    specific reception measures for LGBTI persons.
    Miltos Pavlou, Senior Programme Manager at the EU Agency for Fundamental Rights, talks about the participation of migrants and their descendants in the EU.
    15
    March
    2017
    Integrating migrants, refugees and their descendants is of critical importance for the future of the European Union. This report examines Member States’ integration policies and action plans for promoting their participation in society, focusing on non-discrimination, education, employment, language learning and political engagement.
    This infographic illustrates some of the main issues when it comes to integrating migrants and their descendants in the EU.
    Report / Paper / Summary
    24
    February
    2017
    This report looks at the prevalence of torture
    and trauma among arrivals, as well as its impact in terms of drug use. It also
    discusses the support available to victims.
    The Agency’s Director, Michael O’Flaherty, took part in a meeting of the European Parliament’s Committee on Civil Liberties, Justice and Home Affairs (LIBE) on 9 February.
    25
    January
    2017
    The European Parliament asked the Agency to provide its Opinion on the fundamental rights impact of the proposed revision of the Eurodac Regulation on children.
    Periodic updates / Series
    19
    January
    2017
    In view of the increasing numbers of refugees, asylum seekers and migrants entering the EU, the European Commission asked FRA to collect data about the fundamental rights situation of people arriving in those Member States that have been particularly affected by large migration movements. The countries covered are Austria, Bulgaria, Denmark, Finland, France, Germany, Greece, Hungary, Italy, the Netherlands, Poland, Slovakia, Spain and Sweden.
    20
    December
    2016
    This focus section outlines the specific protection needs of separated children, and highlights current responses and promising practices among EU Member States.
    8
    December
    2016
    This opinion analyses the effects on children of the proposed recast Dublin Regulation. It covers child-specific rules as well as provisions relating to all asylum applicants that significantly affect children.
    ‘Hotspots’ are facilities set up at the EU’s external border in Greece and Italy for the initial reception, identification and registration of asylum seekers and other migrants coming to the EU by sea. They also serve to channel newly-arrived people into international protection, return or other procedures.
    5
    December
    2016
    EU Member States are increasingly involved in border management activities on the high seas, within – or i cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This report aims to encourage fundamental-rights compliant approaches to border management, including by highlighting potential grey areas.
    5
    December
    2016
    EU Member States are increasingly involved in border management activities on the high seas, within – or in cooperation with – third countries, and at the EU’s borders. Such activities entail risks of violating the principle of non-refoulement, the cornerstone of the international legal regime for the protection of refugees, which prohibits returning individuals to a risk of persecution. This guidance outlines specific suggestions on how to reduce the risk of refoulement in these situations – a practical tool developed with the input of experts during a meeting held in Vienna in March of 2016.
    29
    November
    2016
    Without being exhaustive, this opinion discusses selected topics which touch certain Charter rights, identifying the challenges and describing measures that could be taken to mitigate the risk of actions, which are not compliant with the Charter. It does not focus exclusively on risks arising in direct relation to the involvement of EU actors on the ground, but also takes into account that the hotspot approach entails a certain share of responsibility of the EU for the situation in the hotspots overall.
    Report / Paper / Summary
    22
    November
    2016
    Asylum seekers and migrants face various forms of violence and harassment across the European Union (EU). As this month’s report on the migration situation underscores, such acts are both perpetrated and condoned by state authorities, private individuals, as well as vigilante groups. They increasingly also target activists and politicians perceived as ‘pro-refugee’.
    The Agency’s Director, Michael O’Flaherty, took part in a meeting of the European Parliament Employment Committee on 8 November.
    The European Guardianship Network held a meeting from 17 to 18 May to discuss the response to the Ukrainian crisis, training guardians, and the network’s standards and principles.
    EU countries are welcoming and supporting unprecedented numbers of people fleeing the war in Ukraine. It has serious implications for many fundamental rights within the EU and requires Member States to find sustainable solutions, as the first Ukraine bulletin from the EU Fundamental Rights Agency (FRA) shows.
    The Frontex Consultative Forum on fundamental rights took place on 12 May in Warsaw.
    FRA highlighted fundamental rights safeguards in the EU’s Entry-Exit system during a training course on 26 and 28 April.
    FRA took part in the conference ID@Borders & Future of Travel Conference 2022.
    FRA moderated a panel discussion on 5 April at the OSCE Conference of the Alliance against Trafficking in Persons.
    FRA took part in a meeting of the Advisory Board of the E-Mindful project on migration narratives.
    FRA attended the online meeting of the EU Asylum Agency’s Training reference group on 29 March.
    High danger of human trafficking, concerns about discrimination and racism, and overreliance on volunteers. These are some of the key fundamental rights issues the EU Agency for Fundamental Rights (FRA) identified at the EU border check points with Ukraine. While FRA witnessed overwhelming support to everyone fleeing the conflict, the Agency stresses the need to stay vigilant and address arising issues to ensure people’s rights are upheld.
    The EU Agency for Fundamental Rights (FRA) was impressed with the level of solidarity being shown at the EU borders with Ukraine, despite the challenges faced. It also identified potential fundamental rights issues that may need addressing. These are just some of the early observations from FRA visits in all EU countries bordering Ukraine. A short report is due to be released next week.
    EU Justice and Home Affairs Agencies support the work of EU institutions and Member States as they help Ukraine and its people now that war once again touches Europe.
    At the end of 2021, allegations for the treatment of migrants at EU borders as well as difficult conditions in detention and reception centres remained a persistent fundamental rights concern. This is according to the latest migration bulletin from the EU Agency for Fundamental Rights (FRA).
    The EU Agency for Fundamental Rights (FRA) welcomes that European countries have opened their doors to people fleeing Ukraine. Our full solidarity is with everyone suffering from this conflict.
    FRA took part in a three-day online meeting of a Council of Europe drafting committee.
    On 17 February, FRA took part in an online panel debate about fundamental rights aspects of the European Pact on Migration and Asylum.
    On 17 February, the European Commission expert group on children and migration met to discuss guardianship for unaccompanied children.
    The recently appointed EU Anti-Trafficking Coordinator, Diane Schmitt, visited FRA on 27 January.
    Guardians are key to ensure children’s well-being and that their best interests are taken into account. But the EU and its Member States continue to face many challenges to provide for full and effective guardianship for unaccompanied children arriving in Europe, reveals the latest report from the EU Agency for Fundamental Rights (FRA).
    The recently appointed EU Anti-Trafficking Coordinator, Diane Schmitt, visited FRA on 27 January.
    FRA joined discussions during the plenary session of the Council of Europe’s Steering Committee for child rights. The session covered the rights of children in migration.