Asylum

Migration irrégulière, retour et rétention des migrants

Highlights

  • Periodic updates / Series
    19
    décembre
    2025
    The EU Agency for Fundamental Rights (FRA) publishes annual updates on the forced return monitoring systems set up by EU Member States under Article 8(6) of the EU Return Directive (2008/115/EC). This project has been ongoing since 2014.
    The latest report covers the period until the end of 2024.
  • Opinion / Position Paper
    6
    Février
    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
    4
    novembre
    2021
    This report outlines to what extent legal aid is available to those held in pre-removal detention in the 27 EU Member States, and in North Macedonia and Serbia, during procedures related to their return. These involve decisions on return, on detention pending removal, the removal itself and on bans on entry. The report also examines when people are entitled to free legal aid and how this aid is funded, as well as who provides representation and various factors that limit the scope of legal aid.
  • Report / Paper / Summary
    22
    juin
    2017
    Up to one third of migrants arriving in the European Union since the summer of 2015 have been children. The current emphasis on speedier asylum processing and making returns more effective may trigger increased use of immigration detention, possibly also affecting children. The detention of children implicates various fundamental rights and will only be in line with EU law if limited to exceptional cases. This report aims to support practitioners in implementing relevant polices in line with applicable law by outlining available safeguards against unlawful and arbitrary detention and highlighting promising practices.
    Produits
    22
    octobre
    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.
    9
    octobre
    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.
    3
    septembre
    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.
    27
    juin
    2014
    Le présent manuel expose, de manière accessible, la législation et la jurisprudence de la Cour de Justice de l’Union européenne et de la Cour européenne des droits de l’homme européennes en matière d’asile, de frontières et d’immigration.
    21
    novembre
    2011
    Ce rapport est fondé sur une recherche comparative portant sur la situation des droits fondamentaux des migrants en situation irregulière. Il propose des solutions pour intégrer les droits fondamentaux dans les politiques, les textes législatifs et les pratiques administratives qui concernent ces migrants.