Asylum rights, from A to Z

"The EU Charter of Fundamental Rights provides for the right to asylum and the prohibition of refoulement. The EU asylum acquis only applies from the moment an individual has arrived at the border. The "Asylum Procedures Directive permits the processing of asylum seekers at the borders"; EU Member States "must act in accordance with EU law, the European Convention on Human Rights and safeguards for human rights". The claims are contained in the Handbook on European law relating to asylum borders and immigration, published June 11 by the European Court of Human Rights (Cedh – www.echr.coe.int) and by the EU Agency for Fundamental Rights (Fra – www.fra.europa.eu). The Handbook presented at a seminar held in Strasbourg – the first comprehensive guide in this field – builds on the experience of the first joint project between the two institutions which led to the publication of the Handbook on European non-discrimination law in 2011. More rights to migrants. "European Union legislation relating to asylum, borders and immigration is developing fast and becoming increasingly complex", said FRA Director Morten Kjaerum presenting the handbook, which, he said, provides in a user friendly manner, information and assistance to practitioners in the field, improving the rights situation of migrants and asylum seekers in the EU". "Improving the understanding of common principles developed in this field" is "essential for the proper implementation of relevant standards and ensuring the full respect of human rights at national level", added CEDH President Dean Spielmann. Borders, asylum, refoulement. The handbook – consisting of nine chapters – takes into account both the case-law of the ECtHR and that of the Court of Justice of the European Union (CJEU). It also contains the relevant EU Regulations and Directives, as well as references to the European Social Charter (ESC) and other Council of Europe instruments. After a brief presentation of the latter, of the EU and the related Charter of fundamental rights, the guide focuses on a set of themes that include law covering the situation of third-country nationals in Europe, including access to asylum procedures (up for debate in the EP plenary of June 10-13), procedural safeguards and legal support in asylum and return cases, detention and restrictions to freedom of movement, forced returns, and economic and social rights. "The Schengen acquis allows individuals to travel freely across borders within the Schengen area", is written in the Handbook. However, as provided by the same law, "the issuing state of an entry ban can ensure that the banned third-country national will not come back to its territory by entering through another EU Member State". According to EU regulations, "asylum-seekers have the right to stay within the borders of the hosting Country while waiting for the definitive decision on their request" and "the issuance of identity cards". "Under the ECHR, the burden of proof" applies to asylum seekers. "Although frequently they must be granted "the benefit of the doubt". Victims of trafficking, family members, minors. The victims of trafficking, "have the right to apply for a residence permit", while EU and ECHR can impose upon Member States to "adopt measures to protect victims". As relates to the right to private and family life, "the directive on the freedom of movement is applied to family members of EEA (European Economic Area) and EU citizens", who are granted equal reinforced protection against expulsion as EEA citizens". Restrictions in the freedom of movement, "a last resort adopted when less invasive measures fail", should "comply with the law, "and appears reasonable and proportionate in relation to the rights and interests involved". "Special measures" are provided for in case of unaccompanied minors. The principle of ‘the best interests of the child’ is a priority and public authorities must make this a primary consideration when taking actions related to children. The handbook is currently available in English, French, German and Italian. During the year it will be released in Spanish, Greek, Bulgarian, Romanian, Croatian, Hungarian and Polish.