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
    Report / Paper / Summary
    25
    October
    2016
    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. This month's focus section reviews persistent key issues since initial reporting began one year ago.
    The Agency shared its view on protecting child rights in the Dublin Procedure, particularly for unaccompanied children at a hearing organised by the European Parliament’s Civil Liberties, Justice and Home Affairs Committee in Brussels on 10 October.
    30
    May
    2016
    The European Union (EU) and its Member States introduced and pursued numerous initiatives to safeguard and strengthen
    fundamental rights in 2015. Some of these efforts produced important progress; others fell short of their aims. Meanwhile,
    various global developments brought new – and exacerbated existing – challenges.
    30
    May
    2016
    The European Union (EU) and its Member States introduced and pursued
    numerous initiatives to safeguard and strengthen fundamental rights in 2015.
    FRA’s Fundamental Rights Report 2016 summarises and analyses major
    developments in the fundamental rights field, noting both progress made
    and persisting obstacles. This publication presents FRA’s opinions on the
    main developments in the thematic areas covered and a synopsis of the
    evidence supporting these opinions. In so doing, it provides a compact but
    informative overview of the main fundamental rights challenges confronting
    the EU and its Member States.
    29
    May
    2016
    This Focus takes a closer look at asylum and migration issues in the European Union (EU) in 2015. It looks at the effectiveness of measures taken or proposed by the EU and its Member States to manage this situation, with particular reference to their fundamental rights compliance.
    The Fundamental Rights Forum (FRF) is organised by the EU Agency for Fundamental Rights (FRA) in cooperation with various partners. Refugee Protection is one of the three themes for the FRF which will take place in Vienna from 20-23 June 2016.
    6
    April
    2016
    FRA’s opinions highlight general fundamental rights implications to be considered when applying the safe countries of origin concept. They should be read together with the relevant safeguards the Asylum Procedures Directive establishes. These safeguards provide for minimum guarantees that must also fully apply to applicants originating from countries on the proposed EU common list of safe countries of origin.
    17
    March
    2016
    Worker exploitation is not an isolated or marginal phenomenon. But despite its pervasiveness
    in everyday life, severe labour exploitation and its adverse effects on third-country nationals
    and EU citizens - as workers, but also as consumers - have to date not received much
    attention from researchers. This report identifies risk factors contributing to such exploitation and
    discusses means of improving the situation and highlights the challenges EU institutions and
    Member States face in making the right of workers who have moved within or into the EU
    to decent working conditions a reality.
    Periodic updates / Series
    27
    January
    2016
    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.
    This infographic outlines FRA's work along a simplified version of the EU migration flow. Each item is hyperlinked so you can find out more on each topic.
    20
    November
    2015
    ** Please note than an updated 2022 edition of this handbook is now available.** 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.
    22
    October
    2015
    Processing biometric data for immigration, asylum and border management purposes has become common. This focus paper looks at measures authorities can take to enforce the obligation of newly arrived asylum seekers and migrants in an irregular situation to provide fingerprints for inclusion in Eurodac.
    16
    October
    2015
    This report explores the key features of guardianship systems put in place to cater for the needs of all children in need of protection, including child victims and those at risk of becoming victims of trafficking in human beings or of other forms of exploitation. The research covers four specific areas, namely the type of guardianship systems in place, the profile of appointed guardians, the appointment procedures, and the tasks of the guardians.
    9
    October
    2015
    For asylum and return (i.e. expulsion) procedures to be implemented effectively, people need to be at the disposal of the authorities so that any measure requiring their presence can be taken without delay. To achieve this, EU Member States may decide to hold people in closed facilities. Less intrusive measures, which are usually referred to as alternatives to detention, reduce the risk that deprivation of liberty is resorted to excessively.
    Periodic updates / Series
    28
    September
    2015
    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 in 2015 are Austria, Bulgaria, Croatia, Germany, Greece, Hungary, Italy and Slovenia.
    Report / Paper / Summary
    3
    September
    2015
    The right to health is a basic social right. However, its understanding and application differs
    across the European Union (EU) Member States, which results in different healthcare services
    being offered to migrants in an irregular situation. This summary looks into the potential costs of providing migrants in
    an irregular situation with timely access to health screening and treatment, compared to
    providing medical treatment only in emergency cases.
    3
    September
    2015
    This report aims to estimate the economic cost of providing timely access to screening and treatment for migrants in an irregular situation, compared with providing treatment only in emergency cases. It presents an economic model to calculate such costs for two medical conditions: hypertension and prenatal care. To better illustrate its application in practice, the model is applied to three European Union (EU) Member States – Germany, Greece and Sweden.
    25
    June
    2015
    European Union (EU) Member States and institutions introduced a number of legal and policy measures in 2014 to safeguard fundamental rights in the EU. Notwithstanding these efforts, a great deal remains to be done, and it can be seen that the situation in some areas is alarming: the number of migrants rescued or apprehended at sea as they were trying to reach Europe’s borders quadrupled over 2013; more than a quarter of children in the EU are at risk of poverty or social exclusion; and an increasing number of political parties use xenophobic and anti-immigrant rhetoric in their campaigns, potentially increasing some people’s vulnerability to becoming victims of crime or hate crime.
    Report / Paper / Summary
    19
    June
    2015
    The situation at land border crossing points into the EU has received less attention than
    Europe’s southern sea borders, where migrants’ lives are at risk. Although FRA research
    shows that land border checks of third-country nationals are generally conducted routinely
    and take place without incident, a number of challenges affect travellers’ fundamental
    rights.
    The OSCE Office for Democratic Institutions and Human Rights (ODIHR) launched its policy brief Border Management and Human Rights.
    FRA contributed to training Schengen evaluators on 6-10 December in Lisbon in the field of return and external borders.
    The treatment of migrants at EU borders continues to be a pressing fundamental rights concern. Recurring deaths at land and sea are a tragic reminder of the urgent need for fundamental rights-compliant solutions, says the EU Agency for Fundamental Rights (FRA) on the eve of International Migrants Day on 18 December.
    Each year, FRA updates its overview of forced return monitoring systems across the EU. The overview of 2020 returns is now online.
    Migrants and asylum applicants have the right to get information about why their fingerprints are collected in Eurodac, EU’s IT system for asylum seekers and apprehended migrants. To guide authorities, a joint leaflet on how to understandably explain what Eurodac does is now available in various EU languages.
    Violence, exploitation, terrible living conditions or limited access to healthcare and education. These are the realities unaccompanied migrant children face in Europe. A new report from the EU Agency for Fundamental Rights (FRA) suggests steps the EU and its Member States should take to offer better protection to unaccompanied children and ensure their rights are respected.
    The recent drownings in the English Channel/ la Manche are a sad reminder of the extreme dangers people face at the hands of unscrupulous people smugglers.
    FRA gave a presentation at the annual conference of the ‘Migration Law Network’, the largest professional hub of German-speaking migration lawyers and academics.
    FRA held four guardianship training sessions between 9 and 18 November.
    Between 8 and 9 November, the FRA Director visited Malta.
    The EU Agency for Fundamental Rights (FRA) is deeply concerned about the worsening situation at the EU external borders with Belarus.
    Effective access to competent legal assistance is a key safeguard to enable people in return proceedings to exercise their rights to an effective remedy and access to justice, finds a new report from the EU Agency for Fundamental Rights (FRA). It identifies current practices and issues, and suggests how national authorities could improve effective access to competent legal aid.
    FRA provided fundamental rights input during a professional development workshop on the detention of applicants for international protection, organised by the European Asylum Support Office (EASO).
    The Frontex Consultative Forum on Fundamental Rights published its annual report for 2020. FRA co-chairs the Forum together with UN Refugee Agency since 2020.
    The European Union agencies active in the field of justice and home affairs have presented the first full overview of actions to help victims of trafficking in human beings. The main operational activities are listed in a joint report of the Justice and Home Affairs Agencies Network (JHAAN) published today at the occasion of EU Anti-Trafficking Day under the leadership of Eurojust. The report is a key building block of the EU Strategy on combatting trafficking in human beings and serves as a key reference document for national authorities engaged in tackling human trafficking.
    FRA attended the extraordinary Frontex Management Board meeting which took place on 6 October.
    FRA joined the annual conference of the Odysseus Academic Network for Legal Studies on Immigration and Asylum Law in Europe.
    FRA gave a presentation at an expert legal workshop on the right to know – access to classified data in immigration cases.
    FRA took part in an online roundtable exploring the EU’s response to the situation in Afghanistan and its migration-related implications.
    FRA helped train eu-LISA staff on the fundamental rights implications of large-scale EU IT-systems.