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
    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.
  • Opinion / Position Paper
    6
    February
    2024
    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
    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.
  • Handbook / Guide / Manual
    18
    February
    2013
    Based on its findings and research FRA provides practical guidance to support the implementation of fundamental rights in the EU Member States. This series contains practical guidance on: Initial-reception facilities at external borders; Apprehension of migrants in an irregular situation; Guidance on how to reduce the risk of refoulement in external border management when working in or together with third countries; Fundamental rights implications of the obligation to provide fingerprints for Eurodac; Twelve operational fundamental rights considerations for law enforcement when processing Passenger Name Record (PNR) data and Border controls and fundamental rights at external land borders.
    Táirgí
    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.
    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.
    21
    December
    2015
    The proposal to establish a possible legislative instrument supplementing the existing European Criminal Records Information System with information on third-country nationals convicted in the EU raises a number of fundamental rights issues.
    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.