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Arkiveringsdatum 211210:

Statewatch 21-11-29:

Storbritannien/ Joint statement of Germany, Belgium, the Netherlands and France till sidans topp

The statement published following the meeting on Channel crossings, to which the UK was "disinvited", is entirely concerned with law enforcement and migration control measures, with no mention of humanitarian issues despite the drastic situation in Calais and other sites along the French and Belgian coasts. It is noteworthy that the statement announces the first major deployment of EU resources that aims to prevent departures from - rather than arrivals into - the EU.

Gathered today in Calais at the invitation of France are the Federal Republic of Germany, the Kingdom of Belgium, the Kingdom of the Netherlands and the French Republic, in the presence of the European Commissioner for Home Affairs, as well as the Union agencies Europol and Frontex.

Represented by Stephan MAYER, Parliamentary State Secretary to the Federal Minister of the Interior, Building and Community of the Federal Republic of Germany; Annelies VERLINDEN, Minister of the Interior, Institutional Reforms, and Democratic Renewal; Sammy MAHDI, State Secretary for Asylum and Migration of the Kingdom of Belgium; Ankie BROEKERS-KNOL, Minister for Migration of the Kingdom of the Netherlands; Gerald DARMANIN, Minister of Interior of the French Republic; Ylva JOHANSSON, European Commissioner for Home Affairs; Catherine DE BOLLE, Executive Director of EUROPOL; Fabrice LEGGE RI, Executive Director of FRONTEX.

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Frontex 21-12-01: Frontex to support Member States in the Channel and North Sea region (Extern länk)

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Arkiveringsdatum 211018:

Lighthouse reports 21-10-06:

Europa/ Unmasking Europe's shadow armies till sidans topp

Lighthouse Reports led a joint investigation with Der Spiegel, SRF, Rundschau, ARD Monitor, ARD Studio Wien, Libération, RTL Croatia, Novosti and Pointer, spent eight months gathering testimony, tracing chains of command, tracking social media and satellite imagery and following the money trails back to EU funds. The visual evidence was corroborated by interviews with more than a dozen serving and former police and coast guard officers, as well as witness accounts by pushback victims across the three EU countries.

What emerges is the most detailed picture yet of a previously deniable campaign of illegal, violent pushbacks in Croatia, Greece and Romania by masked men whose uniforms have been stripped of any identifying details.

EU governments deny the existence of a violent campaign by masked men to turn away asylum seekers at EU borders. A months-long investigation by @LHReports & leading media unmasks these groups, reveals who commands & finances them

Getting the visual evidence that removes the layer of plausible deniability from illegal pushbacks of asylum seekers in the Balkans and Aegean

The hardest edge of Europe's migration policy is encountered on land and at sea in the form of masked men. Their violent actions against vulnerable people on the move, often seeking international protection, are far removed from discussions on managed migration in Brussels, Berlin or Warsaw.

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Arkiveringsdatum 210720:

ECRE / Elena legal update 21-07-09:

Europa/ ELENA Legal Note 10: The impact of N.D. and N.T. v. Spain in Europe till sidans topp

ECRE/ELENA have published a legal note that explores the impact of the N.D. and N.T. judgment on collective expulsion cases and analyses the criteria that the judgment introduced for the examination of complaints under Article 4 Protocol 4 to ECHR. The discussion focuses on the Court's Article 4 Protocol 4 (A4P4) jurisprudence following N.D. and N.T. as of June 2021, and analyses the elements of the Court's assessment in A4P4 cases following the principles in N.D and N.T, especially regarding the legal means of entry, the own conduct criterion and cogent reasons for not entering lawfully. Domestic considerations of applicability are also discussed.

The note underlines the ancillary nature of A4P4 and reiterates that according to well-established jurisprudence, Article 3 ECHR guarantees apply to every case related to expulsions at the border and concerning applicants with an arguable claim of treatment contrary to the Convention, regardless of their conduct. Every measure of expulsion is examined on the basis of the overall context of the case, and considering personal and specific circumstances. In this examination, the availability and effectiveness of legal means of entry remains a key procedural guarantee under A4P4; the mere existence of border crossing points or Embassy procedures cannot absolve states of their obligations under A4P4 to provide effective opportunities for submitting arguments against the removal.

Artikeln i Elena weekly legal update (Extern länk)

Hämta eller läs dokumentet (Extern länk till pdf-fil)

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ECRE / Heinrich Böll Stiftung July 2021:

Europa/ Reception, detention and restriction of movement at EU external borders till sidans topp

By European Council on Refugees and Exiles (ECRE)

The objective of this paper is to critically map the current EU legal framework for deprivation of liberty and restriction on freedom of movement of migrants and asylum seekers, as well as resulting practice, and finally, to discuss the 2020 legislative proposals for EU asylum reform. The discussion of the law and practice is put in the context of the international and EU human rights law framework governing deprivation of liberty and restriction on freedom of movement. After presenting the human rights framework, the paper first discusses how EU secondary legislation regulates detention and restriction on freedom of movement of third-country nationals, especially in the context of borders. Second, the paper looks at detention practices applied in the border context by several Member States. Third, against the background of current legal framework and practices, the paper discusses the 2020 legislative proposals as part of the Pact on Migration and Asylum, which introduce border procedures, namely the proposals for both the Screening Regulation and the Asylum Procedures Regulation to demonstrate their implications on movement restrictions and right to liberty at the EU external borders. The paper then presents a few concluding remarks and policy recommendations.

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Arkiveringsdatum 210701:

ECRE 21-06-18:

Europa/ OHCHR: Rapporteur on rights of migrants urges states to end pushbacks till sidans topp

Last week, the UN Special Rapporteur on the human rights of migrants, Felipe González Morales, published his report to the Human Rights Council that is dedicated to addressing the human rights impact of pushbacks of migrants on land and at sea. The publication draws on various sources, including submissions by civil society and other stakeholders.

In the report, the Special Rapporteur uses the term 'pushback' to describe "various measures taken by States [...] which result in migrants, including asylum seekers, being summarily forced back, without an individual assessment of their human rights protection needs, to the country or territory, or to sea, [...] from where they attempted to cross or crossed an international border." This can take place before an individual has entered a State's territory or within the State's territory. The Special Rapporteur highlights that pushbacks deny migrants their fundamental rights by depriving them of access to protection defined in international and national law, as well as procedural safeguards. In recent years pushbacks have been reported along most migration routes from all regions of the world experiencing mixed migratory movements.

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Felipe González Morales: Report on means to address the human rights impact of pushbacks of migrants on land and at sea (Extern länk till pdf-fil)

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United 21-06-20:

Europa/ Fatal policies of Fortress Europe: 40 555 refugee deaths at the borders till sidans topp

Refugee Lives Matter

Since 1993, the UNITED List of Refugee Deaths has recorded the reported cases of deaths of more than 40, 555 refugees and migrants who have died due to the restrictive policies of Fortress Europe whilst trying to get into Europe.

The causes of death are numerous: most drowned in the Mediterranean. Others were shot at borders, killed by traffickers, committed suicide at the detentions centers out of desperation, depression, and anxiety, or were killed after being deported to their countries of origin. Among them: babies, children, teenagers, (pregnant) women, and men, whole families.

40 555 reported cases of human death, but how many more will never be investigated, and remain unidentified and unburied at the sea, borders, camps, detention facilities, and on the way to Europe?

According to the 1951 Refugee Convention, every human has the right to look for a shelter safe from war, ungrounded persecutions, life threats for their: beliefs, political views, or for love.

This year on the World Refugee Day - June 20, we want to bring the attention of the media, policymakers, and general public to the situation of the refugees on the external borders of Europe.

Hundreds of thousands of asylum seekers on the external borders of the European Union are living in refugee camps that have been declared unfit for human habitation. Often they have limited access to water, sanitation systems, and access to health care systems. Therefore, we call on European leaders to scale up the work to keep refugees and migrants safe by providing access to lifesaving support, medical care, water, and sanitation.

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Pressmeddelandet (Extern länk)

About the campaign (Extern länk)

List of deaths (Extern länk)

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Human Rights Watch 21-06-23:

Europa/ Frontex failing to protect people at EU borders till sidans topp

Stronger safeguards vital as border agency expands

The European Union border guard agency's oversight mechanisms have failed to safeguard people against serious human rights violations at the EU's external borders, Human Rights Watch said today.

An analysis of the actions of the European Border and Coast Guard Agency, known as Frontex, shows a pattern of failure to credibly investigate or take steps to mitigate abuses against migrants at EU external borders, even in the face of clear evidence of rights violations.

"Frontex has repeatedly failed to take effective action when allegations of human rights violations are brought to its attention," said Eva Cossé, Western Europe researcher at Human Rights Watch. "Its rapid growth into an executive agency of the EU, with increased powers, funding, and legal responsibilities makes it all the more urgent for Frontex to put in place effective tools to safeguard fundamental rights."

Human Rights Watch has examined in detail the situation in three countries where Frontex has major operations and where it failed to act promptly or at all in the face of credible evidence of abuse. On June 8, 2021, Human Rights Watch wrote to Frontex with its findings with the intention of including its response in the report but has yet to receive a response.

European and international nongovernmental groups, including Human Rights Watch, and media outlets have consistently reported abuses- by officials from EU member states against people arriving at EU borders where Frontex is operating. These include violence, illegal pushbacks, and denial of access to asylum by countries including Bulgaria, Croatia, Cyprus, Greece, Hungary, and Malta.

On June 23 Amnesty International is releasing related research on pushbacks from Greece to Turkey, which also includes a call for accountability for Frontex.

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Pro Asyl / ECRE 21-06-25:

Tyskland/ German airport procedures - a flawed blueprint for EU's border procedures till sidans topp

Through a new study that analyses German airport procedures and compares them with the border procedures proposed in the European Commission's New Pact on Migration and Asylum, PRO ASYL substantiates its criticism of the proposals.

In a new study published on 22 June, ECRE member PRO ASYL assesses German airport procedures in light of the current practice at Frankfurt Airport. The publication provides an overview of the legal framework of German airport procedures and outlines procedural standards set out in a landmark judgement of the German Federal Constitutional Court in 1996. It proceeds with two assessments by experts from the field providing insights into how airport procedures play out in practice at Frankfurt Airport.

With only a few hundred cases per year, airport procedures account for less than 0.5% of all asylum procedures in Germany. However, as illustrated by the two assessments, they come with severe deficiencies - even in the context of comparatively favourable conditions at an airport compared to other external borders of EU Member States, given the lower number of applicants for international protection and a better access to legal assistance due to the proximity to bigger cities.

Among other shortcomings, the study underlines that a comparatively higher share of cases are rejected as "manifestly unfounded", that the assessment of the reasons for flight from the country of origin are superficial and inadequate, that vulnerabilities are not adequately considered, and that airport procedures often come with lengthy periods of deprivation of liberty, especially when returns of rejected asylum seekers are delayed.

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Arkiveringsdatum 210208:

UNHCR 21-01-28:

Europa/ UNHCR warns asylum under attack at Europe's borders till sidans topp

Alarmed at the increasing frequency of expulsions and pushbacks of refugees and asylum-seekers at Europe's land and sea borders, UNHCR, the UN Refugee Agency, is calling for states to investigate and halt these practices.

"UNHCR has received a continuous stream of reports of some European states restricting access to asylum, returning people after they have reached territory or territorial waters, and using violence against them at borders," said UNHCR's Assistant High Commissioner for Protection, Gillian Triggs.

"The pushbacks are carried out in a violent and apparently systematic way. Boats carrying refugees are being towed back. People are being rounded-up after they land and then pushed back to sea. Many have reported violence and abuse by state forces."

People arriving by land are also being informally detained and forcibly returned to neighboring countries without any consideration of their international protection needs.

The 1951 Refugee Convention, the European Convention on Human Rights and EU law require states to protect the right of people to seek asylum and protection from refoulement, even if they enter irregularly. Authorities cannot automatically deny entry to or return people without undertaking an individual assessment of those in need of protection.

"Respecting human lives and refugee rights is not a choice, it's a legal and moral obligation. While countries have the legitimate right to manage their borders in accordance with international law, they must also respect human rights. Pushbacks are simply illegal." said Triggs.

"The right to seek asylum is a fundamental human right. The COVID-19 pandemic provides no exception; it is possible to protect against the pandemic and to ensure access to fair and speedy asylum processes."

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Human Rights Watch 21-02-01:

Europa/ Submission to the special rapporteur on pushback practices and their impact till sidans topp

With reference to the upcoming report to the 47th session of the Human Rights Council, issued by the Special Rapporteur on the human rights of migrants, Human Rights Watch welcomes the opportunity to provide input on the human rights dimensions of pushbacks practices at international borders.

Human Rights Watch is an independent international organization dedicated to investigating, documenting, and exposing human rights violations worldwide. While recognizing that other countries are also perpetrating collective expulsions, we have chosen in this submission to focus on current practices and trends of pushbacks at international borders that we have documented in the following states: Croatia, Cyprus, France, Greece, Malaysia, Malta, and the United States, as well as the European Union/Frontex. Because of limitations on length of submissions, our focus has been on pushbacks at land and maritime borders and seas, but we have also documented and received reports of collective expulsions from the interiors of territories, including from Algeria, Saudi Arabia (from the interior and at the border), Tanzania, Trinidad and Tobago, Turkey, and Yemen.

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Hämta yttrandet (Extern länk)

Se även:

Amnesty International 21-02-10: Pushback practices and their impact on the human rights of migrants - Submission to the United Nations (UN) Special Rapporteur (Extern länk)

Amnesty International 21-02-12: East Africa: Pushback practices and their impact on the human rights of migrants and refugees (Extern länk)

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Arkiveringsdatum 200913:

EASO 20-09-09:

Europa/ Applying for asylum at national borders: EASO report outlines divergences till sidans topp

The European Asylum Support Office (EASO) has published a new report outlining the different practices in EU+ Member States1 using border procedures to process asylum applications.

As part of efforts to establish fast and efficient procedures for international protection in Europe, increasing focus has been put on the external borders of the EU. One solution which has been put forward is a more extensive use of border procedures to efficiently process applicants for international protection directly upon arrival.

A 'border procedure' refers to an application for international protection which is made at the border of a country, such as at an airport or at a land border crossing. In such cases, EU+ countries may choose to decide on such applications directly at the border or in transit zones.

Currently, at the level of national legislation, EU Member States do not have a uniform way of applying the border procedure provided by the Asylum Procedures Directive (APD). As a result, national border procedures are not necessarily comparable, nor applied in similar circumstances.

The report gathers detailed information on national border procedures to inform discussions on the topic. EASO's current mandate focuses on organising, coordinating and promoting the exchange of information across asylum authorities in Member States, as well as with the European Commission, rather than monitoring and evaluating the implementation of asylum procedures in practice. The report therefore concentrates primarily on explaining the current legislation on border procedures in EU+ countries, touching to a lesser extent on their implementation on the ground.

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Statewatch 20-09-09:

Europa/ Study on the political economy of border control measures till sidans topp

An in-depth study conducted as part of an EU-funded research project picks apart the "political economy of entry governance" in the EU - in short, who is allowed to enter the EU and who is not. The report is "founded on the outlook that any careful analysis of EU entry governance needs to take into account the political economy of border control practices, and how they can be shaped by concerns other than about migration, and by other actors than the public bodies and institutions of the EU or its Member States."

The following text is the introduction to the report.

The entry of migrants has been the focus of public, political and technological discussions and initiatives within the EU. Underpinning entry to the EU level are practices of enforcement and infrastructures of border control. Some are physical, like border guards, others, such as biometric databases and maritime surveillance systems are digital and technological. At the level of public and political discourse, border technologies and new security systems are often portrayed as a panacea to deal with irregular border crossing and political discussions about immigration in European societies. However, the assumption that border control systems constitute neutral technological fixes disregards not just that they constitute interventions against inherently political problems, but also that the systems themselves are produced through political and economic processes. Consequently, this deliverable is founded on the outlook that any careful analysis of EU entry governance needs to take into account the political economy of border control practices, and how they can be shaped by concerns other than about migration, and by other actors than the public bodies and institutions of the EU or its Member States.

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Arkiveringsdatum 200831:

ECRE 20-07-27:

Europa/ Asylum in Europe 2019: human rights under pressure till sidans topp

Evidence from the Asylum Information Database (AIDA) shows that compliance with existing EU asylum law should be a priority

The Asylum Information Database (AIDA) is a database managed by the European Council on Refugees and Exiles (ECRE), containing up-to-date and comprehensive information on asylum procedures, reception conditions, detention and the content of international protection across 23 European countries. ECRE has now concluded the cycle of updating the country reports to cover the year 2019. Despite the challenging circumstances under which many of our national experts had to deliver this year's update, we collectively managed to achieve the objective of providing accurate and quality information on asylum systems in Europe. The database is widely relied upon by European and national policy makers, legal practitioners and Courts, for example, the European Commission uses it in its monitoring activities as does EASO for its annual reports.

The evidence collected through AIDA confirms the worrying trend of violations of human rights of people in need of protection both at the internal and external borders of Europe. It indicates a further restriction of rights in national legal systems and practice, raising serious questions as to compliance with EU law.

Restricting access to asylum, including access to territory

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Hela artikeln med länkar till alla landrapporterna (Extern länk)

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Arkiveringsdatum 200521:

UNHCR 20-04-27:

Europa/ Coronavirus: UNHCR offers recommendations to ensure access to asylum till sidans topp

With the world mobilizing to combat the spread of COVID-19, many countries in Europe and beyond have adopted exceptional measures to manage their borders, limiting air travel and cross-border mobility. UNHCR, the UN Refugee Agency, has called today on European countries to safeguard the many good practices and redouble their efforts to strengthen asylum systems in Europe in these trying times.

It is encouraging that nearly two thirds of European countries have found ways to manage their borders effectively while allowing access to their territories for people seeking asylum. Medical screenings at borders, health certification or temporary quarantine upon arrival are some of the measures put in place by European countries. These are important positive precedents for other States in Europe and beyond.

"With refugees and asylum-seekers at the centre of our efforts, we have prepared a series of practical recommendations in support of national asylum systems as we continue to provide our expertise to governments," said Pascale Moreau, UNHCR's Regional Director for Europe.

Measures to mitigate a COVID-19 spread, such as physical distancing and restrictions on movements and gatherings, have impacted the functioning of asylum systems in Europe, be it the registration of new asylum claims and documentation, status determination or judicial reviews. Consequences can be serious for individuals concerned as well as States. For example, where new asylum claims are not registered, people's stay is not regulated, and they have no access to basic assistance and health services. Where asylum procedures are suspended, national asylum authorities will face significant challenges upon resumption, or worse, risk to lose or even reverse past investments in national asylum systems.

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Hela meddelandet (Extern länk)

UNHCR 20-05-15: Key Procedural Considerations on the Remote Participation of Asylum-Seekers in the Refugee Status Determination Interview (Extern länk till pdf-fil)

UNHCR 20-04-20: Displaced and stateless women and girls at heightened risk of gender-based violence in the coronavirus pandemic (Extern länk)

UNHCR 20-05-20: As COVID-19 pandemic continues, forcibly displaced children need more support than ever (Extern länk)

UNHCR 20-05-22: Beware long-term damage to human rights and refugee rights from the coronavirus pandemic (Extern länk)

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EU-kommissionen 20-05-08:

Europa/ Coronavirus: restriction on non-essential travel to the EU until 15 June till sidans topp

On Friday 8 May, the Commission invited Schengen Member States and Schengen Associated States to extend the temporary restriction on non-essential travel to the EU for another 30 days, until 15 June. The Commission will continue to assist Member States in implementing the restriction on non-essential travel to the EU, including through regular videoconference meetings with Home Affairs Ministers. Any further prolongation of the travel restriction beyond 15 June 2020 would need to be assessed again, based on the evolution of the epidemiological situation.

Background

On 16 March 2020 the Commission invited Heads of State or Government to introduce a temporary restriction on non-essential travel to the EU for an initial period of 30 days. On 8 April, the Commission called for prolonging the travel restriction until 15 May. All EU Member States (except Ireland) and non-EU Schengen countries have since taken national decisions to implement and prolong this travel restriction.

To assist Member States, the Commission presented on 30 March 2020 guidance on how to implement the temporary travel restriction, facilitate repatriations from across the world, and deal with those compelled to stay in the EU longer than they are authorised to as a result of travel restrictions.

The travel restriction does not apply to EU citizens, citizens of non-EU Schengen countries and their family members, and non-EU nationals who are long-term residents in the EU for the purpose of returning home. Member States should not apply the restrictions to specific categories of travellers with an essential function or need.

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Hämta meddelandet COM(2020) 222 final (Extern länk till pdf-fil)

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Arkiveringsdatum 200410:

Europarådet 20-03- 27:

Europa/ Fundamental rights of refugees and migrants at European borders till sidans topp

Joint publication from Council of Europe and Fundamental Rights Agency (EU)

The Special Representative of the Secretary General on Migration and Refugees of the Council of Europe, together with the EU Agency for Fundamental Rights (FRA) have published a note on the main fundamental rights safeguards applicable at their member states' external borders.

The note aims to support EU and Council of Europe member states in their duties when taking protective measures, including to contain the spread of the Covid-19 virus, and addressing questions related to public order, public health, or national security challenges.

States have a right to control the entry of non-nationals into their territory. While they have to protect their external borders and safeguard public order and public health, they also have a duty to protect people's fundamental rights. These safeguards are stemming from EU law and CoE instruments, as they apply at the EU's external borders, bearing in mind that relevant CoE instruments apply to all borders.

The note focuses on questions such as:

1. What duties do Member States have when protecting their external borders?

2. Which remedies should be in place in case of excessive use of force at the borders?

3. What are the rules in place when people cross borders unlawfully?

4. Can access to asylum be suspended?

5. How to respect the principle of non-refoulement ?

6. What can be done to help the most vulnerable, in particular unaccompanied children?

For more information, see also the Handbook on European law relating to asylum, borders and immigration, produced jointly by FRA and the European Court of Human Rights.

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Läs mer och hämta meddelandet om gränskontrollerna (samt uttalande om hur fängslade och förvarstagna ska behandlas) (Extern länk)

Direktlänk till meddelandet "Fundamental rights of refugees, asylum applicants and migrants at the European borders" (Extern länk till pdf-fil)

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Arkiveringsdatum 200107:

Amnesty International 19-12-18:

Storbritannien/ Abuses and impunity worsen along the border despite evidence till sidans topp

Over six months since publishing Targeting Solidarity: Criminalization and harassment of people defending refugee and migrants rights in northern France, and calling on the French, British and EU authorities to urgently address abuses faced by both people on the move and human rights defenders on the French-British border, Amnesty International remains deeply concerned about a situation that continues to be dire, unsustainable and inhuman. Ongoing police abuse and excessive use of force as well as an escalation in the routine forcible evictions of people on the move, without credible solutions to the hundreds of people who are stuck along the border, remain of grave concern.

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Arkiveringsdatum 191120:

ECRE 19-10-31:

Europa/ UNDP: Personal and socio-economic implications of lack of legal pathways till sidans topp

The report "Scaling Fences: Voices of Irregular African Migrants to Europe" released by the United Nations Development Programme (UNDP) focuses on development related migration through irregular routes. The report concludes that migration is "a reverberation of development progress" and that the lack of legal routes has "stark personal and socio-economic Implications".

The report is based on statements from 1970 individuals from 39 African countries who have migrated through irregular routes and "whose primary motivation, in their own words, was not humanitarian or protection-related in nature". The report establishes that the people travelling are "relatively better off than their peers" in terms of income and education, yet 50 per cent do not earn enough to get by in their home countries. While the segment interviewed for the report has benefited from economic development in Africa over the last decades this process is "not fast enough and with gains that are uneven and limiting" and in fact fuels aspirations of social change and enables migration.

For the majority the irregular journey is a calculated risk, with just two per cent reporting that the greater awareness of the risks of irregular migration would have affected their choice to leave. The majority chose to move based on lack of opportunities and social exclusion at home particularly amongst the youth paired with a hope of fulfilling economic and social aspirations for them and their families. 78 per cent of those who were earning were sending money home.

The lack of legal pathways means that migrants are absorbed into an irregular job market including by otherwise regular businesses in Europe. A majority of those employed in Europe are earning wages "well below their host country's minimum-wage threshold", which exposes them to other "types of insecurity associated with work - further highlighting the exploitation contingent on their irregular status".

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Arkiveringsdatum 190912:

ECRE 19-08-30:

Tyskland/ Court finds German-Greek bilateral agreement violates European law till sidans topp

One year after Germany concluded bilateral agreements to facilitate the direct return of asylum seekers to Greece and Spain, an administrative Court ruled that the policy is in violation of European law. Although the court ordered the immediate return of an Afghan national from Greece to Germany, the asylum seeker is still waiting for the transfer.

The German federal police apprehended an Afghan national when crossing the Austrian-German border in May 2019. As the police found that he had been registered in Greece they refused entry and sent him back to Greece within hours, implementing the bilateral agreement. In Greece he was detained and refused the processing of his asylum application.

The court in Munich held that it was unclear on which legal grounds the applicant was sent back to Greece questioning the legality of the bilateral agreement with Greece. It found that the German authorities did not respect the applicant's rights under the Dublin Regulation, particularly the legal safeguards. As the applicant was unable to re-launch his asylum application in Greece he was also likely to face return to Afghanistan without assessment of his claim. As the asylum seeker has still not been returned to Germany, against the order of the court, the applicant's lawyer requested a fine for the German state. ECRE members PRO ASYL/RSA and Aitima supported the case along with Equal Rights Beyond Borders.

Germany's conclusion of the bilateral agreement with Spain and Greece in the summer of 2018 followed internal tensions within the ruling coalition on how to handle migration and were presented as Germany's interim response to the political deadlock preventing the adoption of the CEAS reform.

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Arkiveringsdatum 190610:

Europarådets parlament 19-05-31:

Europa/ Member States must halt 'pushback' policies and expulsion of migrants till sidans topp

The Migration Committee, meeting in Zürich, on 29th May expressed concern at the persistent practice and policy of pushbacks, which are in violation of the rights of asylum-seekers and refugees, including the right to asylum and the right to protection against refoulement, at the core of international refugee law.

These pushbacks take place at EU borders as well as on the territory of member States further inland and are partly a consequence of the shortcomings of the Dublin Regulation and of the failure of attempts to introduce fair responsibility-sharing in Europe, explains the report by Tineke Strik (Netherlands, SOC) adopted by the committee.

The parliamentarians are also concerned at reports and evidence of inhuman and degrading treatment of member States and their agencies in the framework of those pushbacks, through intimidation, the confiscation or destruction of migrants' property, the use of violence or depriving them of food and basic services.

Faced with the seriousness of this phenomenon, the committee has formulated a set of recommendations to member States with respect to border controls; services at borders; legal assistance; medical and psychological assistance, and NGOs.

It called on States to put an end to any measure or policy leading to pushbacks or expulsions; to inform migrants at borders about their legal position and their right to apply for international protection in languages they can understand; and to ensure the registration and processing of asylum applications.

In addition, States should consider NGOs as partners and not undermine their legitimate activities aimed at saving human lives, while refraining from using stigmatising rhetoric, the committee said.

(...)

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Arkiveringsdatum 190503:

EU-kommissionen 19-04-16:

Europa/ Schengen States issue 14.3 million visas for short stays in 2018 till sidans topp

Statistics published by the European Commission reveal that slightly more than 16 million applications for short-stay visas were lodged at the consulates of the Schengen States in 2018, a very small decrease of 1% compared to 2017. This was driven by a decline in the number of applications in the Russian Federation, which decreased almost 5% to 3.7 million, although Russia remains by far the top source country for Schengen visa applications. The first full year of the visa waiver for Ukrainian nationals holding biometric passports also explained the overall decrease, with applications in Ukraine plummeting by 73% to 190 000. The number of applications lodged in Belarus (680 000, -4.8%), Turkey (880 000, -9.5%) and Algeria (710 000, -8.8%) also showed substantial decreases.

By contrast, strong growth in demand continued in China, with 2.8 million applications representing an increase of 11.3% over 2017. Applications lodged in India surpassed the 1-million-mark for the first time, registering an increase of 17.4% and overtaking Turkey as the third most important source country for Schengen visa applications. Growing numbers of visa applications were also lodged in Morocco (660 000, +7.8%), Saudi Arabia (360 000, +7.6%), Thailand (330 000, +9.3%) and Iran (270 000, +3.3%).

The percentage of applications that were refused varied widely and ranged from less than 2% (Belarus, Indonesia and Russia) to more than 35% (Algeria, Central African Republic, Comoros, DR Congo, Eritrea, Ghana, Guinea, Haiti, Iraq, Nigeria and Senegal). Worldwide, 9.6% of all visa applications were refused, 1.4 percentage points more than in 2017. 58% of visas issued in 2018 allowed for multiple entries into the Schengen area, a similar figure as 2017.

In addition to the 14.3 million visas issued at consulates, in 2018 the Schengen States also issued 66 000 uniform visas at the external borders.

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Arkiveringsdatum 181231:

Asylnytt 18-12-31:

Tyskland/ EU-domstolen: Schengenreglerna förbjuder transportöransvar vid inre gräns till sidans topp

Två företag som transporterar personer i linjetrafik inom Eruopa ålades av tyska myndigheter att kontrollera passagerarnas handlingar och inte tillåta inresa till Tyskland från Belgien eller Nederländerna för personer som saknar pass och tillstånd för vistelse i Tyskland. Dessa krav är förankrade i tysk lag. Företagen hotades av vite men överklagade med motivering att Tysklands regler inte stämmer med EU-rätten. En tysk domstol bad EU-domstolen om förhandsavgörande. Motsvarande regler om resenärers skyldghet att ha pass och visum och transportörers ansvar att kontrollera detta finns i EU:s gränskodex men gäller endast EU-områdets yttre gränser. För gränserna inom unionen gäller tvärtom att "De inre gränserna får passeras överallt utan att någon in- och utresekontroll genomförs, oavsett personens nationalitet." (ur artikel 20 i förordning nr 562/2006). Eftersom det är just gränspassagen som utlöser de kontrollerna som Tyskland kräver, anser EU-domstolen att de har samma verkan som in- och utresekontroller. Dessa regler är alltså inte tillåtna.

Domen i de förenade målen C-412/17 och C-474/17, på svenska (Extern länk)

Välj språk och hämta domen (Extern länk)

Pressmeddelande (Extern länk till pdf-fil)

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Källor: Informationen på denna sida är hämtad från följande källor (externa länkar): EU (kommissionen, ministerrådet, parlamentet och domstolen), Europarådet (mr-kommissionären, domstolen, kommittén mot tortyr), FN:s flyktingkommissariat UNHCR, FN:s kommitté mot tortyr m.fl. FN-organ, Sveriges Radio, SvT, andra svenska media via Nyhetsfilter och pressmeddelanden via Newsdesk, utländska media till exempel via Are You Syrious och Rights in Exile, internationella organisationer som Amnesty International, Human Rights Watch, ECRE, Statewatch och Picum, organisationer i Sverige som Rädda Barnen, Asylrättscentrum, Svenska Amnesty, FARR och #vistårinteut samt myndigheter och politiska organ som Migrationsverket, Sveriges domstolar, JO, Justitiedepartementet m.fl. departement och Sveriges Riksdag.

Bevakning: Hjalte Lagercrantz och Sanna Vestin. Sammanställning: Sanna Vestin. Asylnytt är ett ideellt projekt. Sponsring avser prenumerationsavgifter. Tips emottages tacksamt.