Asylum Report 2023 - page 7
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civil society organisations involved in identifying and protecting trafficking victims, published
its report for the first semester of 2022.1385
Slovakia launched a new preventive information campaign1386 and carried out training
activities on the signs of human trafficking for about 3,000 staff in 2022.1387 Portugal launched
a new 2-year project to improve prevention, protection and support to trafficking victims. The
project will assess national mechanisms which are currently in place and were affected by
COVID-19 measures. It will also map sociodemographic characteristics of victims and
traffickers.1388 Czechia created a reference card for the identification of possible victims of
human trafficking and launched a new project to map the situation of child trafficking.1389
The German Institute for Human Rights (Deutsches Institut für Menschenrechte) introduced an
independent monitoring and reporting mechanism unit on human trafficking. Their objectives
are to sensitise policymakers and other stakeholders, and to ensure that international
regulations are implemented more effectively by collecting and evaluating data.1390 This
project receives funding from the Federal Ministry for Family Affairs, Senior Citizens, Women
and Youth for a period of 4 years.1391
5.6. Children going through the asylum procedure
5.6.1. Data on unaccompanied minors
5.6.1.1. Applications for international protection by unaccompanied minors
According to Eurostat Technical Guidelines, all applicants for
international protection who are considered by the responsible
national authority to be unaccompanied minors are counted as such.
The age of an applicant refers to their age as accepted by the national
authority, which may have been determined through an age
assessment procedure. Applications by unaccompanied minors
present additional challenges given the more extensive asylum
procedures1392 and special reception conditions1393 that they require.
In 2022, 42,000 applications for asylum were lodged by unaccompanied minors across
EU+ countries, which was the most since 2016. This represented an increase of three-fifths
from the previous year, slightly exceeding the growth in total applications (+53%).
Unlike total applications for all ages, however, most of the increase was concentrated among
just two citizenships (see Figure 29). Almost one-half of all applications by unaccompanied
minors were submitted by Afghans (20,000), which increased the most in absolute terms
compared to 2021 (+ 6,500). They were followed at a distance by Syrians (10,000, +5,200).
Together, these two nationalities accounted for over two-thirds of all applications lodged by
unaccompanied minors in EU+ countries and almost three-quarters of the annual increase.
Nonetheless, at far lower levels, applications by unaccompanied minors from Egypt, Türkiye,
Tunisia, India, Yemen, Burundi and Ukraine (in descending order) reached unprecedented
levels.lxiv
lxiv The highest since at least 2008. This only includes citizenships with at least 100 applications by unaccompanied
minors.
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Since both applications by unaccompanied minors and others grew significantly in 2022, the
share of unaccompanied minors remained stable at about 4 %. Nevertheless, there was
significant variation among citizenships. About 1 in 7 applicants from Afghanistan and 1 in
8 applicants from Somalia were considered to be unaccompanied minors, but only 1 in
14 Syrians. In contrast, applications by unaccompanied minors were almost negligible among
several top citizenships for asylum applications, including Colombians, Turks and
Venezuelans.
The most unaccompanied minors lodged asylum applications
in EU+ countries since 2015
Figure 29. Asylum applicants considered to be unaccompanied minors by main country of
origin, 2015-2022
100,000
Afghanistan
Syria
90,000
Somalia
80,000
Pakistan
Egypt
70,000
Eritrea
60,000
Other
50,000
40,000
30,000
20,000
10,000
0
2015
2016
2017
2018
2019
2020
2021
2022
Note: Data for Iceland were missing.
Source: Eurostat [migr_asyunaa] as of 13 April 2023.
Overall in 2022, 1 in 6 of all applicants under the age of 18 was an unaccompanied minor. The
proportion was higher for minors aged 14 to 17, with more than one-half being
unaccompanied.lxv Most notably, over 80% of the Egyptian, Bangladeshi and Indian minors
between 14 and 17 years of age were unaccompanied, as well as about three-quarters of
Afghans and Pakistanis in this age group. In contrast, just 7% of the 14-to-17-year-old
Colombians and Ukrainians were unaccompanied.
Over 93% of all unaccompanied minor applicants were 14-to-17 years old. Only 7 % of the total
for EU+ countries were younger than 14 years, but over 70% of the unaccompanied minors in
Poland were in this age group. Girls represented just 7% of all unaccompanied minors in
EU+ countries. Their representation was higher in the youngest age cohort (below the age
of 14), where they accounted for about 18%. Girls represented a minority of the
unaccompanied minors of most nationalities.
lxv This is calculated as the number of unaccompanied minor applicants (Eurostat migr_asyunaa) divided by the
number of applicants for international protection younger than 18 years (Eurostat migr_asyappctza).
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Almost all unaccompanied minors applied for the first time, with subsequent applicants
accounting for a negligible share of the total.
More than one-half of all applications for international protection by unaccompanied minors
were lodged in Austria (13,000 or 31%), Germany (7,300, 17%) and the Netherlands (4,200,
10%). In both Austria and the Netherlands, as well as in Bulgaria (3,400), France (1,000) and
Cyprus (900), figures for 2022 were the highest on recordlxvi (see Figure 30).
Record-high numbers of unaccompanied minors in Austria,
Bulgaria, Cyprus, France and the Netherlands
Figure 30. Top 10 EU+ countries receiving applications by unaccompanied minors, 2022
The most since:
2019
2018
2017
2015
2008
Note: Data for Iceland were missing.
Source: Eurostat [migr_asyunaa] as of 13 April 2023.
In contrast, in Romania and Slovenia applications by unaccompanied minors fell significantly
from peak levels in the previous year. Of all applications lodged in Austria, Bulgaria, the
Netherlands and Norway in 2022, more than 10 % were lodged by unaccompanied minors.
This contrasts with France and Spain where the proportion was less than 1 in 100 applications.
5.6.1.2. Case closures related to unaccompanied minors
Decisions at first instance and recognition rates
In 2022, asylum authorities issued some 13,000 first instance decisions to unaccompanied
minors in EU+ countries, which was one and a half times as many as in 2021. As illustrated in
Figure 31, large increases were recorded in the number of first instance decisions issued to
unaccompanied minors from Afghanistan and Syria, and at lower levels, Somalia and
Bangladesh.
lxvi Since at least 2008.
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While the number of first instance decisions increased across all four main nationalities, the
outcome of such decisions varied significantly. Refugee status or subsidiary protection were
granted to almost all Syrian unaccompanied minors (96%) in contrast with the small minority of
positive decisions being issued to minors from Bangladesh (6%).
First instance decisions issued to unaccompanied minors
from Afghanistan doubled
Figure 31. First instance decisions issued to unaccompanied minors and respective
recognition rates by Top 10 nationalities, 2022
First instance decisions to UAMs 2022
UAM Recognition rate 2022 (right axis)
First instance decisions to UAMs 2021
6,000
100%
5,000
80%
4,000
60%
3,000
40%
2,000
20%
1,000
0
0%
Note: The recognition rate is calculated as the proportion of first instance decisions granting EU-regulated types of
protection.
Source: Eurostat [migr_asyumdcfa] as of 13 April 2023.
In both cases, recognition rates for unaccompanied minors mirrored the recognition rates for
adults from the same country of origin. Notable exceptions included unaccompanied minors
from Somalia and Iraq who had higher recognition rates than their adult counterparts. In
contrast, unaccompanied minors from Afghanistan were granted refugee or subsidiary
protection less frequently than adults, on account of a higher proportion being granted
national forms of protection.
As illustrated in Figure 32, five EU+ countries jointly issued about three-quarters of all first
instance decisions on applications submitted by unaccompanied minors in 2022: Germany
(23%), Greece (16%), Switzerland (12%), Italy (12%) and the Netherlands (11%).
Of the top countries, Germany issued about two and a half times more first instance decisions
to unaccompanied minors than in 2021. The increase was mainly driven by many more
decisions issued to the two main groups of unaccompanied child applicants in the country,
namely Afghans (1,500 decisions) and Syrians (1,100 decisions) which more than tripled and
doubled, respectively. Most decisions concerned older male minors aged 14-17.
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Germany issued almost one-quarter of all decisions to
unaccompanied minors
Figure 32. Outcome of first instance decisions issued to unaccompanied minors by Top 5
EU+ country, 2022
Refugee status granted
Subsidiary status granted
Humanitarian status granted
Rejected
Other EU+
countries
Germany
Greece
Switzerland
Italy
Netherlands
0
500
1,000
1,500
2,000
2,500
3,000
3,500
Source: Eurostat [migr_asyumdcfa] as of 13 April 2023.
In terms of the outcome, the share of rejections declined from almost one-quarter in 2021 to
less than one-tenth as many more decisions granted an authorisation to stay for humanitarian
reasons (1,200, up from 200 in 2021). In addition, about 53% of first instance decisions issued
to unaccompanied minors in Germany granted EU-regulated forms of protection, including
refugee status and subsidiary protection (see Figure 32).
Greece issued the second highest number of first instance decisions to unaccompanied
minors in 2022, up by one-half from the previous year. The increase was driven solely by
more decisions being issued to minors aged 14-17 as the number of decisions issued to those
younger than 14 decreased from already low numbers. Decisions issued by Greece to
unaccompanied minors from Somalia increased the most in absolute terms, making them the
top nationality and exceeding decisions issued to unaccompanied minors from Pakistan,
which declined by one-half from the previous year. Many more decisions were also issued to
unaccompanied minors from Bangladesh, Afghanistan and Egypt (in descending order).
Overall, 45% of all first instance decisions issued to unaccompanied minors in Greece granted
EU-regulated forms of protection in 2022. This represented a significant increase from the
previous year (26%) as more decisions were issued to minors from countries with higher
recognition rates.
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First instance decisions issued to unaccompanied minors in Switzerland surged to the third-
highest across EU+ countries, driven by many more decisions issued to Afghan
unaccompanied minors. In fact, about 90% of first instance decisions issued to
unaccompanied minors in Switzerland related to nationals of Afghanistan and almost all of
them were granted temporary admission under Swiss law.
In contrast, the number of first instance decisions issued to minors by Italian asylum authorities
remained stable in 2022, with unaccompanied minors from Bangladesh receiving the largest
number of decisions, as was the case in the previous year. The share of positive decisions
also remained largely stable in Italy, with refugee and subsidiary status being (jointly) granted
in 35% of all first instance decisions issued to unaccompanied minors, while about one-quarter
of decisions granted humanitarian status under the national framework.
Significant increases were recorded in the Netherlands, where the number of first instance
decisions issued to unaccompanied minors rose by over two-thirds from 2021. More than one-
half of these decisions were issued to Syrians, while decisions issued to Eritreans, Iraqis and
Somalis accounted for about one-tenth each. For these top four nationalities, most decisions
were positive (granting refugee status or subsidiary protection).
Turning to final decisions issued in appeal or review on applications by unaccompanied
minors, these increased by around one-third from the previous year. This was driven by many
more decisions issued by Greece (1,000), which in fact issued almost two-thirds of all second
or higher instance decisions to unaccompanied minors, mostly to minors from Pakistan and
Bangladesh (640 and 150 respectively, with all of them consisting of rejections).
Withdrawn applications
An asylum application can be explicitly or implicitly withdrawn for various reasons before a
final decision has been issued, regardless of whether an application is pending at first or
higher instances (see Section 4.4.8).
In 2022, about 18,000 applications were withdrawn by unaccompanied minors in 20 EU+
countries which reported data. Similar to withdrawn applications by adult applicants, this was
about twice as many as in 2021. In fact, the growth in withdrawn applications outpaced the
growth in applications lodged by unaccompanied minors. In particular, a sharp increase was
noted during the second half of the year, peaking at over 2,600 withdrawn applications by
unaccompanied minors in October 2022. The applications were predominantly withdrawn by
one particular group, with male applicants, aged 14-17, accounting for 95% of withdrawals. In
fact, in 2022, the most withdrawals since at least 2008 were recorded for applicants within the
14-17-year age group.
Almost all withdrawals were implicit, suggesting that the unaccompanied minors did not notify
the authority of their intention to withdraw the application. It is possible that an asylum
applicant implicitly withdraws their application from one EU+ country to apply again
elsewhere, thus indicating secondary movements towards other EU+ countries.
The majority of EU+ countries recorded more withdrawals in 2022 compared to 2021.
However, notable exceptions were Romania and Slovenia, where withdrawals declined to just
one-quarter and one-third of 2021 levels, respectively.
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Sharp increase in withdrawals of asylum applications in
Austria by unaccompanied minors from Afghanistan
Figure 33. EU+ countries with the most withdrawals by citizenship of the unaccompanied
minor applicant, 2022 compared to 2021
12,000
Afghanistan
Syria
10,000
Pakistan
8,000
Egypt
Other nationalities
6,000
4,000
2,000
0
2021 2022
2021 2022
2021 2022
2021 2022
Austria
Bulgaria
Greece
Other EU+ Countries
Source: Eurostat [migr_asyumwita] as of 13 April 2023.
As with withdrawals by adults, the sharpest increases took place in Austria and Bulgaria,
where the number of withdrawals by unaccompanied minors more than tripled and doubled
(see Figure 33). In fact, Austria accounted for almost two-thirds of the total in 2022. Bulgaria
followed at a distance, accounting for one-fifth of the total. At lower levels, Greece recorded
an increase of one-fifth from 2021, where the third-most withdrawals by minors took place.
Afghan unaccompanied children accounted for almost three-quarters of all withdrawals by
unaccompanied minors. They withdrew over 13,000 applications in 2022 compared to
6,100 in 2021, largely in Austria (68% of all applications withdrawn by Afghan unaccompanied
minors) and Bulgaria (22%).
At far lower levels, the second-highest number of withdrawals by unaccompanied minors
corresponded to Syrian nationals (about 1 in 10 of all withdrawals by unaccompanied minors),
increasing more than two-fold from the previous year. Once again, most withdrawals occurred
in Austria and Bulgaria, followed at a distance in Greece and Romania.
Withdrawals by unaccompanied minors from Pakistan and Egypt also increased significantly
from 2021 and were the third and fourth highest out of all citizenships. They accounted for 5%
and 3% of all withdrawals by unaccompanied minors, respectively.
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Pending cases
The increase in the number of asylum applications lodged by unaccompanied minors
outweighed the significant increases in both decisions (at all instances) and withdrawals (see
Figure 34). As a result, the number of unaccompanied minors with an asylum application
pending at the end of 2022 increased by more than two-fifths in comparison to 2021.
More applications than case closures resulted in a large
caseload of applications by unaccompanied minors
Figure 34. Applications by unaccompanied minors: lodged, withdrawn at any instance and
closed with a decision at first and second or higher instance, 2022 compared to 2021
Applications lodged
Decisions at first instance
Decisions at second or higher instance
Withdrawn applications (all instances)
2022
2021
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
45,000
Source: Eurostat [migr_asyumwita, migr_asyumdcfa, migr_asyunaa, migr_asyumpctm] as of 13 April 2023.
Increases occurred in most countries, albeit to a different extent. In the countries with the most
pending cases related to unaccompanied minors, namely Germany and the Netherlands, such
cases increased at least two-fold (see Figure 35), whereas numbers increased more
moderately, albeit still markedly, in Belgium and Austria (up by 37% and 57%, respectively).
Together, these top four countries accounted for three-fifths of all pending cases for
unaccompanied minors, with Germany alone accounting for one-fifth.
Conversely, pending cases decreased by one-quarter in Greece, mostly due to more
decisions being issued.
Almost two-thirds of all pending cases for unaccompanied minors at the end of 2022 related
to children from Afghanistan and Syria. The latter increased far more significantly with respect
to the previous year (7,600, +144% from 2021) but remained the second-largest group after
Afghans (9,200, +17%). Caseloads for unaccompanied minors were also relatively high for
Eritreans (+70%) and Somalis (+47%), with around 1,400 pending cases each.
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One-fifth of applications by unaccompanied minors were
awaiting a final decision at the end of 2022 in Germany
Figure 35. Unaccompanied minors with an asylum application pending at the end of
December 2022 by EU+ country
Note: Data on pending cases for unaccompanied minors were not available for countries marked in grey.
Source: Eurostat [migr_asyumpctm] as of 13 April 2023.
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5.6.2. Legal representation for asylum-seeking children
Due to the arrival of unaccompanied children from Ukraine, amendments to
the Lithuanian Law on the Legal Status of Foreigners aimed to speed up the
procedure to appoint a legal guardian for them.1394 Arrivals from Ukraine
prompted legal amendments in Slovakia as well. A new government regulation
allowed an adult who accompanied the child to be appointed as a legal
guardian even if the person does not have legal custody.1395
A similar situation led to a court case in Italy. A group of children arrived from Ukraine from a
family-type orphanage, together with the director of the establishment. At first, the authorities
would not appoint him as a legal guardian. The Juvenile Court of Bolzano underlined that the
absence of a parent does not automatically mean that the child should be considered as
unaccompanied.1396
The Immigration Act was amended in Malta to change the rules for appointing an interim legal
guardian for prohibited migrants (persons entering the territory in an irregular manner or who
overstay their visa) who claim to be a minor. The Chief Executive Officer of AWAS may appoint
the interim guardian, who retains responsibilities until it is established that the person is not a
minor or an ordinary guardian is appointed based on the Minor Protection (Alternative Care)
Act.1397 All alleged minors referred to AWAS are referred to the Child Protection within
72 hours from disembarkation or arrival to issue them with a provisional care order and
appoint a representative from the Unaccompanied Minors Asylum Seekers Protection
Services within AWAS. The interim guardian acts in the best interests of the minor, ascertains
the minor’s views and wishes, and collaborates with all those involved in the protection.
Previously, after changes in 2021, the interim representative was appointed from
Unaccompanied Minor Asylum Seekers (UMAS) Protection Services (a separate entity falling
under the Ministry for Social Policy and Children’s Rights), to ensure that there was no
potential conflict due to the fact that social workers and guardians belonged to the same
institution.1398 Aditus foundation commented that the amendments in 2022 revert to a situation
where AWAS could be in a conflict of interest when performing its various tasks.1399
Following the announcement of the transfer of unaccompanied children from Pournara to
another reception facility (see Section 5.6.5), the Cypriot Social Welfare Services launched an
urgent call for 12 guardians and 46 social workers.1400
The UNCRC noted some developments in recent years in Greece, for example, the
preparation of a draft legal framework to establish a uniform national guardianship system for
unaccompanied migrant children. However, it expressed serious concerns about delays in
activating the guardianship system.1401 The committee also expressed worries about the age
assessment procedure (see Section 5.6.3), other aspects of the asylum procedure (see
Section 5.6.4) and reception conditions (see Section 5.6.5) for children.
The Foundation for Access to Rights in Bulgaria published a study on the role of the legal
representative in the asylum procedure, following legislative changes that were introduced
in 2020. The study noted that one of the main challenges was the low number of
representatives in practice and the legal framework allowing one representative to be
responsible for up to 50 children.1402 The discrepancy between the number of legal
representatives at the National Legal Aid Bureau and the number of unaccompanied children
applying for protection gave rise to parliamentary questions.1403
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Due to the high influx of unaccompanied children, the Dutch Nidos reported challenges in
finding enough guardians. Those already working had very high caseloads and struggled to
provide adequate support to all the children.1404
In Austria, UNHCR, UNICEF and the IOM urged authorities to ensure that unaccompanied
children are immediately assigned a guardian, as currently the procedure is only initiated
when unaccompanied children above the age of 14 are assigned to provincial reception
centres.1405
5.6.3. Assessing the age of an applicant claiming to be a child
ECRE published a legal note on challenges in age assessment procedures and
the international and European legal standards that guide the process in
January 2023.1406
The Spanish Ministry of Justice approved a preliminary draft of a new law on
age assessments. The process aims to bring the legislative framework in line
with recommendations from the UNCRC and the Spanish Ombudsperson.1407 Civil society
organisations working with unaccompanied minors sent their comments on the draft law. The
organisations argued, for example, that the procedure should be planned as preferential but
not urgent. This would allow judges to suspend or extend deadlines when necessary to make
an adequate age assessment.1408
Convive-Fundación Cepaim noted that the trend from previous years continued, whereby
unaccompanied children arriving in Ceuta and Melilla declared themselves as adults to be
transferred more quickly to the mainland.1409
In Luxembourg, due to a rise in the number of applications from unaccompanied minors, and
thus in cases where minority was in doubt, the Directorate of Immigration requested an
increase in the number of age assessments that could be conducted in a month.
The description of the age assessment method followed by the National Board of Forensic
Medicine was updated in Sweden. The procedure itself did not change, but its description
became more detailed and transparent to minimise risks and to interpret the margin of errors
and factors affecting the statistical model. The legal position on a child’s age assessment for
family reunification was updated with recent CJEU case law (see Section 4.14.). The
Netherlands Forensic Institute changed its practice based on a recent literature review, and
since October 2022, applicants with a mature collarbone are considered to be at least 18
years old, instead of 20 years.1410
The UNCRC expressed its concern about the generalised use of the age determination
procedure in Greece, and it found the procedure to be inappropriate overall.1411 The Greek
Council for Refugees observed delays in the age assessment procedure in Samos due to a
lack of trained staff.1412
Caritas International noted a gap in Belgian age assessment practices, leaving several
youngsters on the streets without access to material reception conditions. In October and
November 2022, the Guardianship Service did not conduct age assessment procedures
among the youngsters sleeping outdoors, but without a proof of their minority, these
youngsters could not be prioritised for reception. Qualifying as single male adults, they had
little chance to be accommodated during the crisis situation (see Sections 4.7 and 5.6.5).1413
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The Cypriot Administrative Court of International Protection observed several deficiencies in
the age assessment procedure of a Somali applicant. The youngster provided his birth
certificate in English, but this was not evaluated by the authorities. He needed to undergo a
medical examination, without receiving details on the reason for it nor about the possibility
that he can provide comments on the procedure. The choice of method for the medical
examination was not reasoned and justified. In addition, for the purpose of family reunification,
the authorities took into account the date of his medical examination and not the date of his
application for international protection.
The Immigration Appeals Board in Malta examined the age determination process in a case of
a child who was declared to be an adult following the age assessment of AWAS, based on a
photo of a documentation from the Principal Immigration Officer. The board underlined that
the Principal Immigration Officer did not have the right to intervene in age assessment
procedures, and AWAS had no competence to review its own age assessment. The applicant
was declared to be a minor again and the board ordered that he should be accommodated in
the open shelter for unaccompanied minors.
The Council of State in the Netherlands clarified some principles of age determination in the
framework of the Dublin procedure. The applicant was registered with different ages - both as
a minor and as an adult - in various Member States (see Section 4.2).
The ECtHR found that the age assessment procedure of an unaccompanied child in Italy was
in breach of the ECHR, Article 8 (respect for private and family life). The child expressed his
wish to apply for international protection, but a guardian was not assigned to him for 6 months
and he went through the age assessment procedure without a representative. The authorities
did not provide information on the chosen method and its consequences, and they did not
send the medical report to him. As there was no formal decision issued to consider him an
adult, he was unable to appeal the decision. The Italian authorities failed to apply the principle
of the presumption of minority.
5.6.4. Rights of the child during the asylum procedure
The Austrian Commission on the Best Interests of the Child delivered its report
and recommendations for improving the legal framework and practices related
to children in the asylum procedure in 2021. In 2022, the Federal Ministry of
Justice stated that it had implemented 22 of the recommendations, some
others were being implemented and the remainder were considered not to be
feasible.1414 The commission members established a platform “Together for
children’s rights” to organise civil society monitoring of the implementation of the
recommendations.1415 For example, selected cases from the Austrian Federal Administrative
Court were analysed to assess the consideration of the best interests of the child in the
asylum procedure.1416 The commission’s chairperson,1417 experts working with children and civil
society organisations1418 expressed concern about follow-up on the recommendations.
A new law was adopted concerning child protection in France and - among other measures -
it requires the child welfare services to inform unaccompanied minors about the possibility to
apply for international protection. The amendment was adopted to ensure that children are
aware of the different options to lawfully stay by the time they reach majority.1419 Since 2019,
the French Asylum Directorate undertook several steps to facilitate unaccompanied minors’
access to the asylum procedure. Specific information material was distributed to all reception
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facilities throughout the country, as well as to GUDA and departmental councils, including
posters and leaflets which were made available in 10 languages.1420
The Dutch IND had rejected a child's asylum application without examining if adequate
reception was available in the country of origin before issuing a return decision. Following the
CJEU ruling in TQ, the Council of State found in several cases (for example, for Guinean,
Moroccan and Russian children) that this practice was against EU law and the best interests of
the child. As a result, the asylum procedure for unaccompanied minors was changed, with the
State Secretary for Justice and Security noting that it would lead to a longer process for this
group of applicants. The possibility of an additional appeal was added, when the applicant
contests the assessment or the length of the procedure.
When taking a decision on an application by an unaccompanied minor, the IND may conclude
that further examination is required on the existence of adequate reception conditions in the
country of origin. In this case, the authority takes a decision on the application only and
transfers the file to the DT&V, which then completes the examination within a reasonable
period of time. This period can be a maximum of 1 year but could be extended if the child does
not cooperate with the authorities. The time limit is suspended when the child is granted an
interim order or makes a repeated or subsequent application, as the DT&V cannot contact the
country of origin during this period. When a child disappears, it is assumed that no further
examination is needed and a return decision can be taken.1421 The Advisory Council on
Migration assessed that this policy was still not entirely in line with EU law and noted that it left
children in a lengthy legal limbo.1422
The TQ ruling led the SMA in Sweden to publish a legal commentary.1423 In addition, the
agency reviewed the assessment and decision-making process involving cases of
accompanied children. The review concluded that, while the outcome of the cases can be
approved, the decisions should include a clearer and better justified assessment of the best
interests of the child.1424
In order to decrease the backlog of cases launched by unaccompanied minors, the Belgian
CGRS allocated 32 new staff members to work on applications by this profile.
Some countries introduced changes for a better overview of the asylum procedure for
children. A new regulation was adopted in Italy to consolidate in one legislative piece the
tasks of the Ministry of Labour and Social Policies related to unaccompanied minors.1425 A
coordination mechanism was approved in Bulgaria to facilitate communication among the
authorities and organisations working with unaccompanied and separated children.1426
However, the Bulgarian Helsinki Committee observed that this mechanism was not yet
implemented in practice in 2022.1427 A regulatory amendment modified the composition of the
Advisory Commission for the Assessment of the Best Interests of the Child in Luxembourg.1428
This commission meets to assess the best interests of the child in the return procedure. The
objective of the change was to add a civil society representative to the commission.
The UNCRC called on Greece to “(e)nd the practice of forced returns (‘pushbacks’) of families
and migrant children and ensure that they are individually identified, registered and protected
against refoulement, including through an effective access to the asylum procedure, and free
legal and humanitarian assistance” (see Section 4.1). The committee noted several
improvements in the institutional framework in recent years, such as the establishment of the
Special Secretariat for the Protection of Unaccompanied Migrant Children under the Ministry
of Migration and Asylum, and the adoption of a national protection strategy (2021-2025). It
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further encouraged the Greek government to review its legislation on asylum and ensure that
the law includes appropriate safeguards for children, for example exempting them from the
accelerated border procedure or through the expansion of the definition of family members to
families created in transit.1429
In order to further improve the protection of unaccompanied and separated children, the
Greek Special Secretariat for the Protection of Unaccompanied Migrant Children signed an
agreement with UNHCR. The two organisations have been working closely since 2020, and in
2021, they established a national emergency response mechanism.1430 Collaborating NGOs,
such as the Network for Children’s Rights, welcomed this new mechanism and highlighted its
importance in supporting unaccompanied children.1431 The organisation also began
implementing a new programme supporting unaccompanied children who do not want to
enter the national mechanism.1432
In the case A.J. v Greece, the ECtHR dismissed all the complaints for different reasons. The
case concerned the return of a child to the Occupied Palestinian Territory, but in the
meantime, the return decision was withdrawn, and the child and siblings received international
protection. Thus, the court found that there was no need to examine his complaint related to
the return and the lack of his involvement in the procedure for revoking his status. The court
found that his complaint related to the lack of psychosocial support was manifestly unfounded,
as his mental health appeared to have been monitored on a regular basis. Concerning the
separation of the siblings in different facilities, the court noted that this was for a short period,
the authorities facilitated their contact, and as soon as possible, reunited them. Thus, the court
concluded that this claim was also unfounded.
To support stakeholders working with child applicants, the civil society organisation Arsis
published the second, updated edition of a collection of relevant national court decisions.1433
The UNCRC called on Croatia to “(e)nd the practice of forced returns (‘pushbacks’) of families
and children in situations of migration and ensure that they are individually identified and
registered and protected against refoulement, including through effective access to the
asylum procedure” 1434 and Cyprus to “(e)nd the practice of forced returns, or pushbacks, of
families and children, uphold the principle of non-refoulement in border management, ensure
that children receive appropriate protection, access to the asylum procedure and legal and
humanitarian assistance, (…) investigate pushback incidents and hold accountable those
responsible”.1435 The Ministry of the Interior in Croatia made a statement that it fully respected
and ensured all standards prescribed in EU legislation related to access to procedures and
reception conditions. The ministry underlined that a Cooperation Agreement was concluded in
June 2021 to monitor the actions of police officers in the area of illegal migration and
international protection (implemented between 8 June 2012-8 June 2022). A new agreement
was concluded for another year on 4 November 2022, funded by the European Commission.
The novelties planned include that direct implementers receive access in 24 hours to the
Ministry of the Interior’s information system (a printout of data on a specific event), following
an oral or written request.
The UNCRC encouraged the authorities in Germany to strengthen measures to ensure that
applicant children are interviewed in a child-friendly manner and that they receive age-
appropriate information and legal advice about their rights.1436
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In preparation for Sweden’s periodic UNCRC report, 31 civil society organisations elaborated a
report produced by applicant and refugee children themselves, expressing their experiences
in the asylum procedure and integration. The report is accompanied by an analysis and
recommendations prepared by the organisations.1437
The UNCRC condemned Swiss authorities for not taking all the necessary steps to ensure that
a child with a hearing impairment would receive appropriate medical care upon being
returned to the country of origin (see Section 5.3), as well as not hearing the sibling in the
asylum application lodged on his own behalf. The authorities rejected the application because
his case had already been examined as part of the parents’ rejected claim.
The Icelandic Immigration Appeals Board requested the Directorate of Immigration to re-
examine the case of a child to asses if he could qualify for a residence permit on humanitarian
grounds instead of international protection. The board also asked it to re-assess his mother’s
case, based on the principle of family unity. Their application was rejected on formal grounds,
as the mother had a valid residence permit in Chile and the child had Chilean citizenship. On
appeal, the board found that the directorate did not fulfil its duties for an appropriate
assessment.
In Lithuania, the Supreme Administrative Court confirmed in two cases in June and July 2022
that the situation of children must still be individually assessed, when the family as a whole
apply for international protection.
The Finnish Human Rights Centre submitted its observations to the UNCRC on the report on
Finland. The organisation had recommended to abolish the 12-year age limit for hearing child
applicants and suggested a framework where children are heard based on an individual
assessment of their maturity. The centre also made recommendations to improve the family
reunification procedure and ensure adequate consideration of the best interests of the
child.1438
The Finnish Immigration Service (FIS) requested UNHCR to examine the assessment of best
interests in 50 asylum cases during December 2018-December 2021. The results were
positive, and UNHCR confirmed that the cases included clearly-structured analysis and legal
reasoning on the best interests of the child and that detailed internal instructions on how to
process and decide on applications by children is provided to case officers. It recommended
to improve the assessment of child-specific forms of persecution in decision-making and
systematically include more child-specific COI in decision-making.
In Spain, UNHCR published a guide for professionals working with unaccompanied children to
overcome some of the challenges that the organisation observed in the asylum procedure
and provide recommendations for a more child-sensitive approach in the assessment of their
protection claims.1439
5.6.5. Children in the reception system
Saturated reception centres and the surge in the number of unaccompanied
children across the EU created multiple issues for their accommodation and
support, for example in Austria, Belgium, Ireland, Italy, Luxembourg, the
Netherlands and Switzerland.
Due to a shortage of places in provincial reception facilities in Austria (see
Section 4.7), unaccompanied children needed to spend months in large federal reception
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facilities. In addition, UNHCR was alarmed about their high abscondment rate and the lack of
follow-up in these cases.1440 The national authority underlined that in their view there was no
link between the situation in reception - which they consider to be fully in line with the recast
RCD - and the abscondment rate, and many of the applicants claimed to be between 16-18
years old but their minority had not yet been established.
Fedasil identified several challenges for the reception and support of unaccompanied minors.
The organisation noted that it was able to offer general support for these children, but many of
them had specific needs due to their age, psychological or psychiatric vulnerabilities,
disabilities or addiction. The group of unaccompanied children in reception was also rather
homogenous in Belgium, with 80% being Afghans. The agency assessed that this required the
deployment of a greater number of initiatives aiming for their long-term reception.1441
The Odisee College presented the results of a 2-year, AMIF-funded study on adapting
reception centres to families’ and children’s needs, which was endorsed by Fedasil.1442 Still,
the lack of enough places for unaccompanied children persisted throughout the year. Fedasil
focused on expanding its accommodation places for children, but on 11 October 2022, the
agency announced that only one-half of the children registered that day could also be
accommodated.1443
The ECtHR indicated interim measures in several cases throughout 2022, involving minor
male applicants (see Section 4.7).1444 In addition, some requests from unaccompanied minors
were rejected as they had not obtained a final domestic decision, while others withdrew their
requests for interim measures as they had obtained accommodation in the meantime.1445
Caritas International observed in November 2022 that around 150 youngsters were sleeping
on the street in Belgium, waiting to be accommodated, and many of them disappeared from
the asylum system.1446 Youngsters whose age was in doubt were in a limbo: the Guardianship
Service did not conduct the age assessment, but without this, they were not offered shelter
(see Section 5.6.3).1447
The Irish Refugee Council expressed concern about the safety of children and families in the
Citywest Transit Hub in Dublin in a letter sent to the Minister for Children, Equality, Disability,
Integration and Youth. The organisation observed that sanitary facilities were not segregated
by sex or by age, children were mixed with unrelated adults, and experienced and trained
child protection personnel was lacking.1448 In January 2023, the government announced that
new international protection applicants would no longer be accommodated in the site’s
emergency accommodation area, as it had reached full capacity.1449
At the beginning of 2022, the NGO CIR, with the support of UNHCR, published guidelines on
supporting unaccompanied minors in Italy.1450 In March 2022, due to the arrival of Ukrainian
children, the Italian government adopted the Plan for Unaccompanied Minors. The plan was
updated several times throughout the year to address concerns as they arise,1451 for example
related to the prevention of trafficking of unaccompanied children.1452
UNICEF published the results of research carried out in 2021 in six Italian regions on
psychosocial support for adolescent and young applicants and beneficiaries of international
protection. The mapping identified that successful initiatives focused on individualised
support, employed a multidisciplinary approach and were attentive to linguistic and cultural
needs. Some challenges were due to the structure of the reception system and external
providers of mental health and psychosocial support.1453
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Throughout the year, the National Association of Italian Municipalities highlighted the need to
create more reception places for unaccompanied children and allocate more funds for their
care. Due to the exceptionally high number of arrivals of children in need of temporary and
international protection, accommodation and support services were often lacking, even
though many new, dedicated places were created in 2022.1454
In Luxembourg, the Ombudsperson for Children and Youngsters focused the 2022 report on
children in need of international or temporary protection and their reception.1455 The
Ombudsperson concluded that not all reception structures were adapted to children’s and
family needs, and children’s rights were often considered auxiliary. Some of the gaps
included: insufficiently-protected sanitary facilities, the absence of systematised procedures
when a child’s well-being is in danger, and gaps in the availability of psychological care. The
Ombudsperson also noted that the facilities had been saturated and staff had been working at
the limit of their capacity for several months, which exacerbated structural weaknesses.
The Minister for Asylum and Migration acknowledged that, due to the significant increase in
arrivals, emergency facilities needed to be opened, which could not be considered an optimal
solution in the long-term. It confirmed that the authorities focused on closing them as soon as
possible, and that the ONA was working on increasing the number of facilities fully adapted to
the needs of families and children.1456 A draft law was pending in parliament to facilitate newly-
arrived children’s access and integration into education.1457
Similar to a measure last year in the Netherlands,1458 as a one-time action, the care for
unaccompanied children who were at least 17.5 years on 1 July 2022 was taken over by COA
from Nidos, and the minors were accommodated in regular reception places instead of ones
dedicated to minors. The measure was applied again, as there was an urgent need for
reception places for unaccompanied children. Nidos underlined that once a child is moved to
a regular reception place they are unable to provide the follow-up as foreseen in the Dutch
Civil Code and Youth Law. The State Secretary noted this position but underlined that the
alternative would be to leave children in overcrowded reception places and assessed that this
would have more serious repercussions. Since November 2022, unaccompanied minors aged
17 years and 9 months or older are placed in regular asylum reception centres (azc’s), without
special support. This measure was meant to be applicable until 1 March 2023, but due to
persisting capacity issues for the reception of unaccompanied minors, the measure was
prolonged until 1 September 2023. This applies to unaccompanied minors who register at the
central registration centre in Ter Apel, as well as minors who have already been
accommodated in facilities for unaccompanied minors until June 2023. In practice, COA and
Nidos assess on a case-to-case basis whether a transfer to a regular asylum reception centre
is possible. The Dutch parliament has been informed about the measure as well as its
prolongation.
The State Secretary also noted issues with access to education for unaccompanied children at
the process reception centre for unaccompanied minors in Ter Apel. Children normally stay
there for only 5 days and are then transferred to a location with organised education.
However, due to the pressure on the reception system, this stay had grown longer. A working
group was set up with the municipality, COA and local providers to increase educational
activities. In the meantime, children are offered four slots of Dutch language classes weekly,
fitness and sports activities, other weekly activities organised by an NGO, intercultural
coaches to support them, and weekly information sessions by the health service.1459 In
October 2022, the Court of the Hague - amongst other obligations - ordered the state and
COA to create additional reception places for unaccompanied minors, particularly those who
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were staying for more than 5 days in the centre in Ter Apel. The measures were confirmed on
appeal in December 2022. Throughout the year, several organisations, including the
Ombudsperson for Children, the Inspectorates for the Ministries of Justice and Security, and
Healthcare and Youth, and the special working group on children in reception expressed their
concerns about the worrying conditions for children, especially at emergency reception
locations.1460
Throughout 2022, COA continued with AMIF-funded projects targeted at unaccompanied
minors with behavioural issues who required more supervision and guidance.1461 The
organisation also extended its collaboration agreement with TeamUp, established in 2015 by
Save the Children, UNICEF Netherlands and War Child. The project offers psychosocial
support to applicant children between 6 and 17 years through play and exercise. It is currently
implemented in 37 COA locations.1462
A new facility was opened in Ruse, Bulgaria for unaccompanied children and applicant
children at risk. The facility has 16 places and 12 staff members. The municipality provides
services in the centre, but this will be taken over by a private operator after a tender. The
Bulgarian Helsinki Committee welcomed the efforts of the State Agency for Refugees to
accommodate unaccompanied children in family-type children’s centres.1463 The
Ombudsperson carried out an urgent inspection in the detention facility in the same
municipality, which was used for investigative arrests after children were apprehended during
an irregular exit, following the signalling of the National Network for Children. She found two
Syrian children in the centre who had been detained for more than 40 days, and the
authorities had not notified the child protection department. She also gathered other evidence
that the detention of unaccompanied children was a common practice. The Ombudsperson
requested the Deputy Prime Minister, the Minister of the Interior, the Minister of Justice and
the Chief Prosecutor to investigate the issue.1464
In Cyprus, the Deputy Minister for Social Welfare announced plans to transfer children from
Pournara to a dedicated facility in Famagusta in March 2022.1465 The move followed the
opinion published by the Ombudsperson for Children,1466 decisions taken during the
extraordinary meeting of the Council of Ministers on the situation in Pournara1467 and the
president’s visit to the centre.1468 Previously, in 2021 the Cyprus Refugee Council and UNHCR
reported on worrying living conditions for children in the centre, including the accommodation
of children outside of the dedicated safe zone and incidents of alleged sexual harassment.1469
The Spanish Ombudsperson reiterated concerns about deficiencies in the reception of
women and children arriving to the Canary Islands by boat, which in some cases led to their
falling victim to trafficking. Accem reported that on mainland Spain the police dismantled a
child trafficking network, where the victims were accommodated in a reception facility in
Madrid.1470 The AIDA report for Portugal highlighted similar concerns, noting that many
children absconded from reception and were potentially at risk of trafficking.1471
The UNCRC acknowledged the creation of a national protection mechanism for
unaccompanied children living in precarious conditions in Greece, but it expressed serious
concern about the reception conditions of applicant children. The committee demanded that
the authorities provide sustainable, open and quality accommodation outside detention,
ensure access to essential services, such as food and hygiene, and address barriers in
applicant and beneficiary children’s education, for example, by organising school transport,
ensuring access to distance learning and providing catch-up courses.1472 Civil society
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organisations welcomed the recommendations and further urged the Greek authorities to
change their practices.1473
Prior to the submission of the eighth periodic report on Greece, UNCAT requested the Greek
authorities to provide more information on measures to ensure that unaccompanied children
are detained only as a last resort.1474 Due to the reduction of the number of applicants on the
island of Leros, the non-formal education centre Ledu, managed by the NGO Arsis and
offering educational and psychosocial support for children and their families since 2018, had
to be reformed and continued its activities as a mobile educational unit. Its funding was taken
over by UNICEF from UNHCR.1475
The Danish Refugee Appeals Board analysed the situation of an unaccompanied minor who
had received international protection in Greece but re-applied for asylum in Denmark. The
board found no evidence that the child would be provided adequate housing considering his
particular situation. It took into account that the child had no network in Greece, while he had
several relatives in Denmark. Thus, the decision by the Immigration Service was overturned,
and the case was referred back to the Immigration Service for a consideration of the merits of
the asylum application.
The civil society organisation Save the Children Denmark launched a new website with
information and support material for volunteers and professionals welcoming newly-arrived
children in need of international or temporary protection.1476
Following arrivals from Ukraine, the Norwegian government revised the national budget to
employ more experts working with children in reception facilities.1477 The German Federal
Ministry of the Interior also announced increased support to cities and municipalities to
accommodate applicants for international protection and persons in need of temporary
protection, especially in terms of housing and supporting unaccompanied children.1478
Nonetheless, the AIDA report for Germany cited examples of inadequate assistance to
unaccompanied children due to the general overcrowding of reception centres in several
locations over the country.1479 The Lithuanian Ministry of Social Security and Labour launched
a special procedure for the reception of unaccompanied children arriving from Ukraine.1480
The UN Committee on Economic, Social and Cultural Rights (CESCR) issued its concluding
observations on the third periodic report for Czechia, and it expressed concern that the
detention of children was allowed prior to an age assessment. Children older than 15 years
could also be placed in immigration detention.1481
In H.M. and other v Hungary, the ECtHR upheld its approach in previous case law and
concluded that a 4-month stay in the transit zone amounted to a violation of the ECHR,
Article 3.
The ECtHR condemned Italy for placing an unaccompanied minor in an adult reception centre,
following an age assessment conducted in breach of the ECHR (see Section 5.6.3). The court
noted that the facility was overcrowded, understaffed and the young applicant had difficulties
in accessing medical care. The court acknowledged that the number of arrivals was
dramatically high at the time of the facts, but this did not exonerate the country from its
obligations under the ECHR, Article 3 (prohibition of torture and inhuman or degrading
treatment or punishment).
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A Polish district court provided compensation to a young boy who was placed in a guarded
centre together with his adult friend. The court noted that the detention was justified and it
was not possible to apply an alternative to detention before the boy’s identity was established
and his application for international protection submitted. However, afterwards, the placement
in detention was not justified. Authorities had not taken sufficient steps to clarify the
relationship between the boy and the adult friend.
Several cases involved the detention of applicants claiming to be minors in Malta. The civil
society organisation aditus actively challenged detention decisions throughout the year.1482 In
a case from January 2022, the Immigration Appeals Board concluded that restrictions due to
the applicant’s disease could not be considered as detention, and the Superintendent of
Public Health was not required to issue a detention order or an order for the extension of the
restrictions for up to 10 weeks. The applicant sent a complaint to the ECtHR, where the case
was pending a decision.
In another case, the Immigration Appeals Board found that the detention of a Bangladeshi
applicant claiming to be a minor was lawful, as he had first given a date of birth that indicated
that he was an adult. Pending the appeal of the age assessment, the board ordered that he
should be accommodated in the buffer zone within an AWAS open centre. In the case of
another Bangladeshi applicant, the board found that the detention was lawful due to a risk of
absconding but, as in the previous case, ordered the applicant to be transferred to the buffer
zone of an open facility, pending the results of the appeal of the age assessment. For an
applicant from Côte d'Ivoire, the board found the detention measure lawful and ordered that
the applicant is kept in facilities adequate for minors pending the age assessment.
The Immigration Appeals Board in Malta ordered the immediate release of two children from
detention as their age was determined in a procedure against the law (see Section 5.6.5). In
January 2023, the ECtHR granted an interim measure wherein it ordered Malta to ensure that
“the applicants’ conditions are compatible with Article 3 of the Convention and with their
status as alleged unaccompanied minors” who arrived by boat in mid-November 2022. The
Immigration Appeals Board found in December 2022 that the detention of children was legal
but requested that a legal guardian is appointed to them.1483
In Poland, the Association for Legal Intervention continued with its strategic litigation against
the detention of applicant children at the national and European levels (see Section 4.8).1484
5.6.6. Future perspectives for applicant children
Unaccompanied children who are granted international protection can
request to be reunited with their family members. Some Member States
aimed to facilitate and accelerate this procedure but challenges were
encountered, such as practical burdens, delays and legal dilemmas resulting
in requests to the CJEU for a preliminary ruling (see Section 4.14.2.4) One
ruling by the CJEU clarified that unaccompanied children requesting family
reunification have the right to appeal against another Member State’s refusal to take charge in
the framework of a Dublin procedure (see Section 4.2).
A new presidential decree in Italy confirmed that the authorities need to examine on a case-
by-case basis the conversion of an unaccompanied children’s residence permit when the
person reaches adulthood. The decree also determined that residence permits based on
integration can be issued until the age of 21 years.1485 To support young applicants’ and
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beneficiaries’ transition to employment, UNICEF and the Ministry of Labour and Social Policies
published the second edition of a practical guide, which is available in eight languages.1486
In their submissions to the UN CRC, France terre d’asile made suggestions to facilitate access
to residence documents for unaccompanied children once they reach the age of majority.1487
In the Netherlands, the IND re-assessed approximately 30 files related to the regularisation of
applicant children (kinderpardon) in 2022, following a confirmation from the Minister for
Migration that in some cases a permit can be granted even if an asylum application was not
submitted on behalf of a child (see Section 4.14.2.1).1488 Since January 2023, Nidos can offer
extended care for children who turn 18 years. They can either stay with their host family or at
the small-scale reception facility, or opt for a variant, where they start their independent life
but continue receiving support and guidance from Nidos or its partners.1489
The Finnish Institute for Health and Welfare published a report on youth who were in child
welfare after-care: of the 8,300 young people, approximately 2,500-4,500 arrived in the
country as unaccompanied minors. According to the report, 8% of the unaccompanied minors
were not in employment, education or military service, and 2% were homeless. The institute
underlined that unaccompanied minors do not have the statutory right for after-care, and
access to support is dependent on municipalities and individual employees.1490
The Austrian Platform for Children’s Rights raised several issues with the return of well-
integrated children.1491 However, the Austrian Lawyers Bar noted that recent decisions from
the Constitutional Court and the Federal Administrative Court strengthened the rights of
children at risk of deportation, when they have spent a reasonable time in the country.1492
The German Federal Administrative Court referred a question to the CJEU for a preliminary
ruling on the interpretation of the recast Return Directive. The court asked whether a return
decision can be taken for a minor, when neither parent can be returned for legal reasons, or is
it sufficient that the removal is suspended after taking a decision on a return, based on family
ties and the best interests of the child. The CJEU delivered its ruling in February 2023,
underlining that the best interests of the child and the family life of that child must be
protected in proceedings leading to the adoption of the return decision, and it is not enough
to allow the child to rely on these two interests in the proceeding related to the enforcement
of the return decision.
The case Hasani v Sweden is currently pending in front of the ECtHR. It concerns two Afghan
orphan brothers, one of them blind, who lost the services of the guardian and the family foster
home upon turning 18. He attempted suicide. He was placed several hundred kilometres away
from his brother, and when their asylum application was rejected, it was considered that he
could provide a social network in Afghanistan for his minor brother. He then committed
suicide. In the court proceedings, the AIRE Centre and ECRE provided their comments on the
case as third-party interventions.1493
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Concluding remarks
In 2022, EU+ countries received a record number of persons in need of protection, as
witnessed by a sharply increasing number of asylum applicants and over 4 million displaced
persons from Ukraine seeking temporary protection. While the combined figure of 5 million
people arriving into the EU put considerable pressure on national administrations, solutions at
the European and national levels were created to address the needs of people seeking
protection.
The European response to the needs of millions of displaced persons from Ukraine was
constructive and protection-oriented, and they can serve as a political and operational
blueprint for the future. A number of factors catalysed this success, including the pre-existing
legislation that had been tailor-made to specifically address this need, as well as the political
will to activate this legislation and swiftly set up the corresponding support structures.
Importantly, the collaboration among multiple and diverse stakeholders on the basis of
multifaceted solidarity played a major role in designing and delivering the solutions: solidarity
toward persons in need of protection; solidarity across EU countries; and solidarity among
different actors who managed to mobilise resources and pull toward the same direction.
EU institutions and agencies, national and local authorities, international and civil society
organisations, as well as private citizens and communities, came together and cross-fertilised
their respective expertise in providing effective solutions.
To advance the optimisation of the EU’s asylum systems in 2022, the French and Czech
Presidencies of the Council of the EU advocated a gradual approach, managed to catalyse
progress in the negotiations on the Pact on Migration and Asylum, and further fostered
practical cooperation among Member States. This work culminated in the adoption of
negotiating mandates on the Screening and Eurodac Regulations, in the political agreement
among co-legislators on a joint roadmap for negotiations on the reform package, and in the
agreement on the Voluntary Solidarity Mechanism. These increments of commitment, based
on a balance between expressions of solidarity and responsibility, can have a positive
cumulative effect, further informing policymaking and eventually facilitating the adoption of the
pact in the coming years.
Against the background of such advances in the reform of CEAS, the EU and its Member
States have been striving to achieve dual integrity, that is, integrity in the asylum procedure
and integrity of border management. Indeed, over the past years, there has been an emphasis
on an effective approach, which has been presented as a core element of the method to
enhance the pact. A stated objective of the revision of the Schengen system is to enhance
resilience to serious threats, such as the instrumentalisation of migrants, through integrated
border management. At the same time, effective management entails integrity in receiving
persons in need of protection in full respect of fundamental rights and processing applications
in a fair and dignified manner.
While modernising border management, it is therefore essential to ensure uninhibited access
to protection for those in need. While key steps in this direction have been initiated, such as
the discussion - and associated guidance - on setting up independent national mechanisms
to monitor human rights compliance at external borders, alarming reports by international and
civil society organisations raise concerns about practices that impede effective access to
protection.
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To ensure the correct interpretation of CEAS, the CJEU, as well as judicial institutions at the
national level continued scrutinising national legislation, policies and practices on a number of
CEAS-related areas in 2022. Particular emphasis was placed on the application of the
principle of non-refoulement and effective access to territory and the asylum procedure. To
safeguard the integrity of CEAS, it is of paramount importance that national authorities
implement the decisions issued by the courts to this end.
In a rapidly-changing asylum landscape, which requires multi-stakeholder cooperation in
designing and implementing protection solutions, the EUAA has evolved into a vital
component of a European asylum architecture. Equipped with its reinforced mandate, the
Agency will continue to support the implementation of CEAS across Europe. In conjunction
with the technical, operational and training support provided by the Agency, the new position
of the independent Fundamental Rights Officer will catalyse work to ensure that the rights of
asylum applicants are always safeguarded. Through its Monitoring Mechanism, the Agency
will work even closer with Member States in the coming years to monitor the operational and
technical application of EU legal obligations and assist Member States in identifying possible
limitations in asylum and reception systems, ultimately contributing to a more harmonised
EU asylum system.
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159 European Commission. (2022, February 21). Daily News.
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161 European Commission. (2022, October 6). Communication from the Commission to the European Parliament, the
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162 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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163 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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164 European Commission. (2022, August 3). Daily News. European Commission.
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167 European Commission. (2022, December 5). Migration routes: Commission proposes Action Plan for
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168 United Nations High Commissioner for Refugees. (2022, February 21). UNHCR warns of increasing violence and
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169 Dutch Advisory Council on Migration | Adviesraad Migratie. (2022, February 14). EU borders are common
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170 European Parliament. (October 2022). Addressing pushbacks at the EU's external borders.
171 European Parliament. (2022, January 20). Parliamentary question | Right to seek asylum in Greece | E-
172 European Parliament. (October 2022). Walls and fences at EU borders.
173 Council of the European Union. (n.d.). Saving lives at sea and fighting migrant smuggling.
174 United Nations High Commissioner for Refugees. (2022, April 29). UN Refugee Agency appeals for urgent
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175 United Nations High Commissioner for Refugees. (June 2022). No end in sight: Refugees and migrants moving
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176 Council of the European Union. (n.d.). Lives saved in EU Mediterranean operations (2015-2023).
177 European Parliament. (October 2022). Search and rescue efforts for Mediterranean migrants.
178 European Parliament. (October 2022). Search and rescue efforts for Mediterranean migrants.
179 United Nations High Commissioner for Refugees. (2022, November 7). UNHCR and IOM appeal for urgent
disembarkation of all stranded refugees and migrants in central Mediterranean.
migrants-central.html
180 United Nations High Commissioner for Refugees. (2022, November 24). UNHCR’s Grandi calls on EU to put
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mediterranean.html
181 European Parliament. (October 2022). Search and rescue efforts for Mediterranean migrants.
182 European Parliament. (October 2022). Search and rescue efforts for Mediterranean migrants.
183 European Parliament. (October 2022). Addressing pushbacks at the EU's external borders.
184 European Union Agency for Fundamental Rights. (2022, June 20). June 2022 Update - Search and Rescue
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185 United Nations High Commissioner for Refugees. (2022, December 1). Legal considerations on the roles and
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186 French Presidency of the Council of the European Union 2022. (2022, June 22). First step in the gradual
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188 Official Journal of the European Union. (2022, January 12). Council Implementing Decision (EU) 2022/60 of 12
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189 European Council on Refugees and Exiles, & United Nations High Commissioner for Refugees. (November
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191 United Nations High Commissioner for Refugees. (April 2022). UNHCR's 2022-2023 Updated Risk Mitigation
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331
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192 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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193 European Commission. (n.d.). Global Gateway. https://commission.europa.eu/strategy-and-policy/priorities-2019-
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194 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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195 European Commission. (2021, September 29). A renewed EU action plan against migrant smuggling (2021-
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196 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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197 European Commission. (2022, July 15). Strengthening cooperation in the fight against migrant smuggling: the
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198 European Commission. (2022, December 12). EU working together with African partners on migration: Launch of
199 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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200 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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201 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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202 European Commission. (2022, September 16). New EMN inform examines and updates on how bilateral
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16_en
203 European Commission. (2022, July 8). New EMN inform published: Incentives and motives for voluntary
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204 European Commission. (2023, September 23). Proposal for a Council decision on the signing of the agreement
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macedonia_en
205 European Commission. (2019, February 5). European Border and Coast Guard: agreement on operational
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206 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
the Council, the European Economic and Social Committee and the Committee of the Regions on the Report on
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207 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
the Council, the European Economic and Social Committee and the Committee of the Regions on the Report on
Migration and Asylum. https://commission.europa.eu/system/files/2023-01/report-migration-asylum-2022.pdf
208 European Council on Refugees and Exiles, & Lithuanian Bar Association | Lietuvos advokatūra. (May 2022). The
European Union Migration Management Strategy towards African Countries Analyzed from Senegal and West
Africa | La Stratégie de Gestion des Migrations de l’Union Européenne envers les Pays Africains Analysée depuis
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209 Czech Presidency of the Council of the European Union. (6 Dcember 2023). Prime Minister Fiala attends
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in-tirana-albania/?utm_source=dsms-
auto&utm_medium=email&utm_campaign=Prime+Minister+Fiala+attends+meeting+of+EU+and+Western+Balkan+lea
ders+in+Tirana%2c+Albania
332
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210 European Commission. (2022, December 12). EU adopts new programmes in support to refugees and border
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211 European Commission. (2022, October 6). Communication from the Commission to the European Parliament, the
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212 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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213 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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214 European Union. (n.d.). Afghan Displacement situation | Team Europe Initiative and Joint Programming tracker.
215 European Union. (n.d.). Afghan Displacement situation | Team Europe Initiative and Joint Programming tracker.
216 Council of the European Union. (February 2022). European Union - African Union summit, 17-18 February 2022.
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pathways-protection_en
218 European Commission. (2022, October 6). Communication from the Commission to the European Parliament,
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219 European Commission. (29 February 2022). Migration management: High-level Forum on legal pathways to
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220 European Commission. (December 2022). Resettlement pledges submitted by Member States for 2023.
221 European Council on Refugees and Exiles. (2022, September 9). One year after the country’s takeover by the
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222 European Commission. (2022, July 6). Safe Homes guidance. https://home-affairs.ec.europa.eu/safe-homes-
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223 United Nations High Commissioner for Refugees. (June 2022). Summary of UNHCR Recommendations to the
224 CJEU. (n.d.). General Presentation. https://curia.europa.eu/jcms/jcms/Jo2_6999/en/. Accessed on 18 February
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225 Council of the European Union. (2021, June 29). EU asylum agency: Council presidency and European
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226 European Union Agency for Asylum. (2022, January 19). New EU Agency for Asylum starts work with reinforced
227 European Union Agency for Asylum. (2023). Providing Temporary Protection to Displaced Persons from Ukraine:
A Year in Review. https://euaa.europa.eu/publications/providing-temporary-protection-displaced-persons-ukraine-
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228 European Union Agency for Fundamental Rights. (June 2023). Fundamental Rights Report 2023.
229 European Union Agency for Fundamental Rights. (June 2023). Fundamental Rights Report 2023.
230 United Nations High Commissioner for Refugees. (2022, November 24). UNHCR’s Grandi calls on EU to put
safety and solidarity at the heart of the response in the Mediterranean.
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231 United Nations High Commissioner for Refugees. (2022, December 1). Legal considerations on the roles and
responsibilities of States in relation to rescue at sea, non-refoulement, and access to asylum.
333
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232 Protecting Rights at Borders. (January 2023). Beaten, punished and pushed back.
233 European Union Agency for Fundamental Rights. (2022, June 8). Fundamental Rights Report 2022.
234 European Union Agency for Fundamental Rights. (June 2023). Fundamental Rights Report 2023.
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235 European Parliamentary Research Service. (2022, October 6). Search and rescue efforts for Mediterranean
236 Council of Europe, Commissioner for Human Rights. (April 2022). Pushed beyond the limits Four areas for
urgent action to end human rights violations at Europe’s borders: Recommendation. https://rm.coe.int/pushed-
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237 Border Violence Monitoring Network. (2022, December 7). Black book of pushbacks 2022.
238 United Nations High Commissioner for Refugees. (July 2022). Submission by the Office of the United Nations
High Commissioner for Refugees in the case of S.A.A. and Others v. Greece (No. 22146/21) before the European
239 United Nations High Commissioner for Refugees. (2022, February 21). News Comment: UNHCR warns of
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releases/news-comment-unhcr-warns-increasing-violence-and-human-rights-violations
240 Refugee Support Aegean. (June 2022). Briefing. Systemic breaches of the rule of law and of the EU asylum
241 Refugee Support Aegean, & PRO ASYL. (2023, March 16). The EU-Turkey deal is collapsing 7 years after its
242 Court of Justice of the European Union. (2022, August 1). Press Release No 138/22. Ships of humanitarian
organisations systematically carrying out activities relating to the search for and rescue of persons at sea may be
subject to controls by the port State. https://curia.europa.eu/jcms/upload/docs/application/pdf/2022-
243 Decreto-Legge 2 gennaio 2023, n. 1 convertito con modificazioni dalla L. 24 febbraio 2023, n. 15 [Decree-Law of
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244 Association for Juridical Studies on Immigration | Associazione per gli Studi Giuridici sull'Immigrazione. (2023,
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245 aditus foundation. (2022, September 17). Save lives at sea. https://aditus.org.mt/save-lives-at-sea;
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place-of-shelter
246 United Nations High Commissioner for Refugees. (2022, November 7). UNHCR and IOM appeal for urgent
disembarkation of all stranded refugees and migrants in central Mediterranean.
migrants-central.html
247 Spanish Commission for Refugee Aid | Comisión Española de Ayuda al Refugiado. (2023). Input to the Asylum
Report 2023. https://euaa.europa.eu/sites/default/files/2023-02/cear_spanish_commission_for_refugees.pdf;
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248 United Nations High Commissioner for Refugees. (2022, June 25). UNHCR and IOM deplore loss of life at
Nador-Melilla crossing. https://www.unhcr.org/news/press/2022/6/62b738274/unhcr-iom-deplore-loss-life-nador-
melilla-crossing.html
249 Office of the United Nations High Commissioner for Human Rights. (2022, June 28). Migrants: Morocco-Spain
and United States. https://www.ohchr.org/en/press-briefing-notes/2022/06/migrants-morocco-spain-and-united-
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250 Council of Europe, Commissioner for Human Rights. (2022, July 1). Letter to the Minister of the Interior of Spain
[CommHR/DM/sf 020-2022]. https://rm.coe.int/letter-to-fernando-grande-marlaska-gomez-by-dunja-mijatovic-
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334
ASYLUM REPORT 2023
251 Spanish Ombudsperson | Defensor Del Pueblo. (2022, June 2). Dificultades de acceso al CETI de Melilla por
solicitantes de protección internacional marroquíes [Difficulties of access to the Melilla CETI by Moroccan
applicants for international protection]. https://www.defensordelpueblo.es/resoluciones/dificultades-de-acceso-al-
ceti-de-melilla-por-solicitantes-de-proteccion-internacional-marroquies/
252 Spanish Commission for Refugee Aid | Comisión Española de Ayuda al Refugiado. (2023). Input to the Asylum
Report 2023. https://euaa.europa.eu/sites/default/files/2023-02/cear_spanish_commission_for_refugees.pdf;
Cepaim Foundation | Fundación Cepaim. (2023). Input to the Asylum Report 2023.
Jesuit Migrant Service Spain | Servicio Jesuita a Migrantes. (2023). Input to Asylum Report 2023.
253 Office of the United Nations High Commissioner for Human Rights. (2022, June 28). Migrants: Morocco-Spain
and United States. https://www.ohchr.org/en/press-briefing-notes/2022/06/migrants-morocco-spain-and-united-
states
254 Council of Europe, Commissioner for Human Rights (2022, November 29). Spain should advance social rights,
better guarantee freedoms of expression and assembly and improve human rights of refugees, asylum seekers and
migrants. https://www.coe.int/fi/web/commissioner/-/spain-should-advance-social-rights-better-guarantee-
freedoms-of-expression-and-assembly-and-improve-human-rights-of-refugees-asylum-seekers-and-migran
255 United Nations High Commissioner for Refugees. (2022, April 29). UN Refugee Agency appeals for urgent
action amid soaring deaths at sea. https://www.unhcr.org/news/briefing/2022/4/626ba1be4/un-refugee-agency-
appeals-urgent-action-amid-soaring-deaths-sea.html
256 United Nations High Commissioner for Refugees (2022, November 3). No end in sight.
https://storymaps.arcgis.com/stories/07502a24ce0646bb9703ce96630b15fa; United Nations High Commissioner
for Refugees. (2022, December 1). Legal considerations on the roles and responsibilities of States in relation to
257 European Union Agency for Asylum. (2023). Providing Temporary Protection to Displaced Persons from Ukraine:
A Year in Review. https://euaa.europa.eu/publications/providing-temporary-protection-displaced-persons-ukraine-
year-review
258 Council of Europe, Commissioner for Human Rights. (2022, December 13). Letter to the acting PM and acting
deputy PM of Bulgaria. https://rm.coe.int/letter-to-the-acting-pm-and-acting-deputy-pm-of-bulgaria-by-dunja-
mija/1680a9754e
259 Ministry of the Interior | Министерство на вътрешните работи. (2022, December 20). Reply from the Ministry of
the Interior of Bulgaria to the Commissioner's letters. https://rm.coe.int/reply-from-the-moi-of-bulgaria-to-the-
commissioner-s-letter/1680a9754d
260 European Border and Coast Guard Agency. (2022). The Fundamental Rights Officer Annual Report 2021.
261 Croatian Red Cross | Hrvatski Crveni Križ. (2022, July 1). Nezavisni mehanizam nadzora objavio prvo godišnje
izvješće [The independent monitoring mechanism published its first annual report].
https://www.hck.hr/novosti/nezavisni-mehanizam-nadzora-objavio-prvo-godisnje-izvjesce/11387; Croatian Red Cross
| Hrvatski Crveni Križ. (July 2022). Annual report of of the independent mechanism of monitoring the actions of
police officers of the ministry of the interior in the area of illegal migration and international protection.
https://www.hck.hr/UserDocsImages/dokumenti/Azil,%20migracije,%20trgovanje%20ljudima/Annual%20report%20
of%20the%20Independent%20monitoring%20mechanism%20-%201%20July%202022.pdf?vel=2061078
262 Protecting Rights at Borders. (April 2022). When there’s a will, there’s a way to protection.
263 Asylex. (2023). Input to the Asylum Report 2023. https://euaa.europa.eu/sites/default/files/2023-02/asylex.pdf
264 Blog Asyl. (2022, June 30). „Pushback“ - Rechtliches über das „Unwort des Jahres“ 2021 (Teil II) ["Pushback" -
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teil-2
265 European Court of Human Rights. (2023, May 23). Grand Chamber Panel’s decisions [ECHR 151 (2023)].
266 Euronews (2022, December 11). Channel migrants: UK and France pledge more patrols in deal to combat
dangerous crossings. Euronews. https://www.euronews.com/2022/11/12/uk-and-france-set-to-strike-deal-to-stop-
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267 United Nations High Commissioner for Refugees. (2022, December 13). UNHCR appeals to UK to uphold its
international legal obligations. https://www.unhcr.org/news/press/2022/2/6398b0914/unhcr-appeals-uk-uphold-its-
international-legal-obligations.html
335
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268 Riigipiiri seaduse muutmise ja sellega seonduvalt teiste seaduste muutmise seadus, RT I, 06.08.2022, 1 [Act on
amending the State Border Act and other related laws, RT I, 06.08.2022, 1], July 19, 2022.
269 Council of Europe, Commissioner for Human Rights. (2022, May 16). Letter to Mr. Juri Ratas, President of the
Parliament of Estonia. https://rm.coe.int/letter-to-mr-juri-ratas-president-of-the-parliament-of-estonia-by-
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270 Parliament of Estonia | Riigikogu. (2022, June 15). Reply of the Chair of the Constitutional Committee.
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271 United Nations High Commissioner for Refugees. (2022, May 23). UNHCR observations on the draft
Amendments to the State Borders Act and Other Related Acts of the Republic of Estonia (577 SE).
272 Laki rajavartiolain muuttamisesta 698/2022 [Act amending the Border Guard Act 698/2022], July 8, 2022.
273 Council of Europe, Commissioner for Human Rights. (2022, July 27). Letter to Krista Mikkonen, Minister of the
Interior of Finland. https://rm.coe.int/letter-to-krista-mikkonen-minister-of-the-interior-of-finland-by-
dunja/1680a7537d
274 Minister of the Interior | Inrikesministeriet. (2022, August 3). Reply by the Minister of the Interior of Finland Krista
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275 Finnish Refugee Advice Centre | Pakolaisneuvonta. (2022, June 2). Asia: VN/9938/2022 Luonnos hallituksen
esitykseksi eduskunnalle laiksi rajavartiolain muuttamisesta. Pakolaisneuvonta ry:n lausunto [Case: VN/9938/2022
Draft Government proposal to Parliament for an Act amending the Border Guard Act. Statement by the Refugee
Finnish Refugee Advice Centre | Pakolaisneuvonta. (2022, June 27). Asia: HE 94/2022 vp Hallituksen esitys
eduskunnalle laiksi rajavartiolain muuttamisesta. Pakolaisneuvonta ry:n lausunto [Case: HE 94/2022 vp
Government proposal to Parliament for an Act amending the Border Guard Act. Statement by Refugee Advice
Association]. https://www.pakolaisneuvonta.fi/wp-content/uploads/Lausunto-HE-eduskunnalle-laiksi-rajavartiolain-
276 Lietuvos Respublikos įstatymo „Dėl užsieniečių teisinės padėties“ Nr. IX-2206 2, 3, 5, 26, 32, 40, 50, 67, 71, 76,
77, 79, 113, 125, 126, 130-1, 136, 138, 139, 140 straipsnių pakeitimo, 69 straipsnio ir IX-1 skyriaus pripažinimo
netekusiais galios ir Įstatymo papildymo X-2 skyriumi įstatymas [Law amending Articles 2, 3, 5, 26, 32, 40, 50, 67,
71, 76, 77, 79, 113, 125, 126, 130-1, 136, 138, 139 and 140 of Law No IX-2206 of the Republic of Lithuania on the Legal
Status of Aliens, repealing Article 69 and Chapter IX-1 and adding Chapter X-2 to the Law], December 23, 2021.
277 Įsakymas dėl Lietuvos Respublikos Vidaus Reikalų Ministro 2016 m. Vasario 24 d. Įsakymo nr. 1v-131 „Dėl
prieglobsčio Lietuvos Respublikoje suteikimo ir panaikinimo tvarkos aprašo patvirtinimo“ pakeitimo, 1V-141 [Order
amending Order No 1v-131 of 24 February 2016 of the Minister for the Interior of the Republic of Lithuania approving
the Procedure for granting and withdrawing asylum in the Republic of Lithuania, 1V-141] (2022). https://e-
seimas.lrs.lt/portal/legalAct/lt/TAD/e00fdd90967c11ec9e62f960e3ee1cb6?jfwid=5sqicoxco
278 Lithuanian Red Cross Society. (2023). Input to the Asylum Report 2023.
279 2020. évi LVIII. törvény a veszélyhelyzet megszűnésével összefüggő átmeneti szabályokról és a
járványügyi készültségről [Law LVIII of 2020 on the transitional rules related to the termination of
the state of emergency and on epidemiological preparedness]. https://njt.hu/jogszabaly/2020-58-00-00 , the
extension was introduced with: 2022. évi L. törvény Magyarország biztonságát szolgáló egyes törvények
módosításáról [Law L of 2022 on the amendment of certain laws ensuring the security of Hungary], December 3,
280 Court of Justice of the European Union. (2023, June 1). Commission v Hungary (Declaration of intention prior to
an asylum application) [C-823/21]. https://curia.europa.eu/juris/liste.jsf?lgrec=fr&td=%3BALL&language=en&num=C-
823/21&jur=C
281 Council of Europe, Committee of Ministers. (2022, September 22). H46-11 Ilias and Ahmed group v. Hungary
(Application No. 47287/15) - Supervision of the execution of the European Court's judgments.
282 United Nations High Commissioner for Refugees. (2022, August 31). Recommendations by the Office of the
United Nations High Commissioner for Refugees ('UNHCR') concerning the execution of the judgments of the
European Court of Human Rights in the cases of Ilias and Ahmed v. Hungary (Application No. 47287/15; Grand
Chamber judgment of 21 November 2019) and Shahzad v. Hungary (Application No. 12625/17; Judgment of 8 July
336
ASYLUM REPORT 2023
283 Hungarian Helsinki Committee | Magyar Helsinki Bizottság. (2023, March 13). No access to asylum on the
territory since 27 May 2020. Information note by the Hungarian Helsinki Committee (HHC).
284 European Union Agency for Asylum. (2021). EASO Asylum Report 2021: Annual Report on the Situation of
Asylum in the European Union. https://euaa.europa.eu/sites/default/files/EASO-Asylum-Report-2021.pdf
285 Association for Legal Intervention I Stowarzyszenia Interwencji Prawnej. (2023). Input to the Asylum Report
286 Association for Legal Intervention I Stowarzyszenia Interwencji Prawnej. (2023). Input to the Asylum Report
287 European Court of Human Rights. (2021, August 20). R.A. et autres c. Pologne [R.A. and others v. Poland]:
288 United Nations High Commissioner for Refugees. (February 2022). Submission by the Office of the United
Nations High Commissioner for Refugees in the case of R.A. and Others v. Poland (Appl. No. 42120/21) before the
European Court of Human Rights. https://www.refworld.org/docid/621ccfde4.html
289 Association for Legal Intervention I Stowarzyszenia Interwencji Prawnej. (2023). Input to the Asylum Report
290 For comments, see: AIDA Austria. (2023). Country Report: Austria - 2022 Update. Edited by ECRE. Written by
Asylkoordination Österreich. https://asylumineurope.org/wp-content/uploads/2023/05/AIDA-AT_2022-Update.pdf
291 AIDA Bulgaria. (2023). Country Report: Bulgaria - 2022 Update. Edited by ECRE. Written by the Bulgarian
Helsinki Committee. https://asylumineurope.org/wp-content/uploads/2023/03/AIDA-BG_2022update.pdf
292 French Office for the Protection of Refugees and Stateless Persons | Office français de protection des réfugiés
et apatrides. (2022, October 24). Ouverture d'une antenne à Mayotte [Opening of a new branch in Mayotte].
https://www.ofpra.gouv.fr/actualites/ouverture-dune-antenne-a-mayotte; Décret n° 2022-211 du 18 février 2022
portant adaptation de certaines dispositions relatives aux modalités de traitement des demandes d'asile à Mayotte
et rectifiant les dispositions applicables en Guadeloupe, en Guyane et à la Martinique, NOR: INTV2135324D
[Decree No 2022-211 of 18 February 2022 adapting certain provisions relating to the processing of asylum
applications in Mayotte and correcting the provisions applicable in Guadeloupe, French Guiana and Martinique,
NOR : INTV2135324D], February 18, 2022. https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000045190773
293 Forum réfugiés. (2022, December 16). Comment s’organise la relocalisation vers d’autres pays européens des
passagers de l’Ocean Viking accueillis en France? [How is the relocation of Ocean Viking passengers from France
towards other European countries organised?]. https://www.forumrefugies.org/s-informer/publications/articles-d-
actualites/en-france/1136-comment-s-organise-la-relocalisation-vers-d-autres-pays-europeens-des-passagers-de-l-
ocean-viking-accueillis-en-france
294 Government | Rijksoverheid. (2022, November 4). Extra maatregelen voor hoger aantal verwachte
asielaanvragen [Additional measures for higher number of expected asylum applications].
verwachte-asielaanvragen
295 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, March 1). The new group of
Afghans will also get an accelerated asylum process. https://ind.nl/en/news/the-new-group-of-afghans-will-also-
get-an-accelerated-asylum-process
296 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, February 18). First results of
the pilot with joining family members in Zevenaar successful. https://ind.nl/en/news/first-results-of-the-pilot-with-
joining-family-members-in-zevenaar-successful
297 Pravilnik o spremembah in dopolnitvi Pravilnika o postopku s tujcem, ki izrazi namen podati prošnjo za
mednarodno zaščito v Republiki Sloveniji, ter postopku sprejema prošnje za mednarodno zaščito [Rulebook on
amendments and additions to the Rulebook on the procedure with a foreigner who expresses the intention to
submit an application for international protection in the Republic of Slovenia, and the procedure for accepting an
application for international protection], October 11, 2022. https://www.uradni-list.si/glasilo-uradni-list-
rs/vsebina/2022-01-3098?sop=2022-01-3098
298 AIDA Belgium. (2023). Country Report: Belgium - 2022 Update. Edited by ECRE. Written by the
Vluchtelingenwerk Vlaanderen. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-
299 Flemish Refugee Action | Vluchtelingenwerk Vlaanderen. (2022, December 22). Winterellende [Winter misery].
https://vluchtelingenwerk.be/nieuws/winterellende;
300 Council of Europe, European Court of Human Rights. (2022, December 16). Court decides requests for interim
press#{%22itemid%22:[%22003-7525712-10331596%22]}
301 Belgian Chamber of Representatives | Belgische Kamer van Volksvertegenwoordig | Chambre des représentants
de Belgique. (2023, March 1). Compte rendu intégral avec compte rendu analytique traduit [Full report with
337
EUROPEAN UNION AGENCY FOR ASYLUM
302 Immigration Office | Dienst Vreemdelingenzaken | Office des étrangers. (2022, August 26). Registration of an
application for International Protection. https://dofi.ibz.be/en/news/registration-application-international-protection
303 Movement of Asylum Seekers in Ireland. Statement on Access to the Asylum Procedure.
304 Irish Refugee Council. (2022, April 8). Press Release: Irish Refugee Council calls for clarity and action on the
registration of asylum applications. https://www.irishrefugeecouncil.ie/press-release-irish-refugee-council-calls-for-
clarity-and-action-on-the-registration-of-asylum-applications
305 International Protection Office | An Oifig Um Chosaint Idirnáisiúnta. (2022, November 11). Applications for
306 Volontariato Internazionale per lo Sviluppo, Comitato per la promozione e protezione dei diritti umani, Don
Bosco 2000, Salesiani per il Sociale, & Forum Per cambiare l'ordine delle cose. (2023). Input to the Asylum Report
02/vis_comitato_promozione_protezione_diritti_umani_don_bosco_2000_salesiani_per_il_sociale_forum_per_ca
mbiare_.pdf; Association for Juridical Studies on Immigration | Associazione per gli Studi Giuridici sull'Immigrazione
(2022, July 25). Diritto di asilo ostacolato e sanzioni alle persone in coda in Questura a Milano [Right to asylum
obstructed and sanctions to people queueing at police headquarters in Milan]. https://www.asgi.it/notizie/diritto-di-
asilo-ostacolato-e-sanzioni-alle-persone-in-coda-in-questura-a-milano; Open Migration. (2022, July 18). La difficile
situazione dell’accoglienza di Ancona [The difficult reception situation in Ancona].
307 Association for Juridical Studies on Immigration | Associazione per gli Studi Giuridici sull'Immigrazione.
Impossibile chiedere asilo [It's impossible to ask for asylum]. https://www.asgi.it/asilo-e-protezione-
internazionale/impossibile-chiedere-asilo-lombardia-italia/
308 Υπουργείο Μετανάστευσης καιΑσύλου, Εγκύκλιος μεθέμα
«Καταγραφή αιτημάτων διεθνούς προστασίας απότα ΠΓΑ/ΑΚΑτης Υπηρεσίας Ασύλου» [Ministry of Migration and
Asylum, Circular on registration of applications for international protection by the Regional Asylum Offices/
Independent Asylum Units of the Asylum Service], August 31, 2022. https://migration.gov.gr/wp-
309 Greek Council for Refugees | Ελληνικό Συμβούλιο για τους Πρόσφυγες. (2023). Input to the Asylum Report
2023. https://euaa.europa.eu/sites/default/files/2023-02/greek_council_for_refugees.pdf; Network for Children's
Rights | Δίκτυο για τα Δικαιώματα του Παιδιού. (2023). Input to the Asylum Report 2023.
310 Refugee Support Aegean (2022, November 10). The state of the border procedure on the Greek islands.
Refugee Support Aegean. https://rsaegean.org/en/border-procedure-greek-islands; Refugee Support Aegean.
(2022). Briefing. Systematic breaches of the rule of law and of the EU asylum acquis at Greece’s land and sea
311 AIDA Greece. (2023). Country Report: Greece - 2022 Update. Edited by ECRE. Written by the Greek Council for
312 Jesuit Migrant Service Spain | Servicio Jesuita a Migrantes. (2023). Input to Asylum Report 2023.
313 Cepaim Foundation | Fundación Cepaim. (2023). Input to the Asylum Report 2023.
314 Spanish Commission for Refugee Aid | Comisión Española de Ayuda al Refugiado. (2023). Input to the Asylum
Report 2023. https://euaa.europa.eu/sites/default/files/2023-02/cear_spanish_commission_for_refugees.pdf;
315315
Cepaim Foundation | Fundación Cepaim. (2023). Input to the Asylum Report 2023.
316 Levante. El mercantil valenciano (2022, February 11). Denuncian ante fiscalía el colapso de las citas de asilo en
València [Complaints to the Prosecutor's Office regarding the collapse of asylum appointments in Valencia].
78030018.html
317 El País (2022, May 16). La representante de Acnur en España: “Los recursos para pedir asilo no están a la altura”
[UNHCR's Representative in Spain "The resources to request asylum are not up to the task].
estan-a-la-altura.html
318 Spanish Ombudsperson | Defensor Del Pueblo. (2022, August 3). Dificultades para concertar cita previa a fin de
solicitar asilo [Difficulties to book appointments to apply for asylum].
338
ASYLUM REPORT 2023
319 French Presidency of the Council of the European Union. (2022, June 22). First step in the gradual
implementation of the European Pact on Migration and Asylum: modus operandi of a voluntary solidarity
francaise.consilium.europa.eu/en/news/first-step-in-the-gradual-implementation-of-the-european-pact-on-migration-
and-asylum-modus-operandi-of-a-voluntary-solidarity-mechanism-1/
320 European Commission. (2023, January 12). Communication from the Commission to the European Parliament,
the Council, the European Economic and Social Committee and the Committee of the Regions on the Report on
Migration and Asylum. https://commission.europa.eu/system/files/2023-01/report-migration-asylum-2022.pdf
321 French Presidency of the Council of the European Union. (2022, June 22). First step in the gradual
implementation of the European Pact on Migration and Asylum: modus operandi of a voluntary solidarity
francaise.consilium.europa.eu/en/news/first-step-in-the-gradual-implementation-of-the-european-pact-on-migration-
and-asylum-modus-operandi-of-a-voluntary-solidarity-mechanism-1/
322 European Commission. (2023, January 12). Communication from the Commission to the European Parliament,
the Council, the European Economic and Social Committee and the Committee of the Regions on the Report on
Migration and Asylum. https://commission.europa.eu/system/files/2023-01/report-migration-asylum-2022.pdf
323 European Commission. (2023, January 12). Communication from the Commission to the European Parliament,
the Council, the European Economic and Social Committee and the Committee of the Regions on the Report on
Migration and Asylum. https://commission.europa.eu/system/files/2023-01/report-migration-asylum-2022.pdf
324 Ministry of Foreign Affairs and Integration | Udlændinge- og integrationsministeriet. (2023, March 8). Joint
Communiqué of the Ministers and State Secretaries of Interior and/or Migration of the Republic of Austria, the
Kingdom of Belgium, the Kingdom of Denmark, the French Republic, the Federal Republic of Germany, the
Kingdom of the Netherlands, the Swiss Confederation. https://www.uim.dk/media/11395/concept-communique-
325 Government | Rijksoverheid. (2022, July 1). Kamerbrief over actuele situatie asielketen [Parliamentary letter on
the current situation of the asylum chain].
asielketen
326 Ministry of Justice and Security | Ministerie van Justitie en Veiligheid. (2022, June 26). Geslaagde gezamenlijke
actie ten behoeve van Dublinoverdrachten [Successful joint action on Dublin transfers].
dublinoverdrachten
327 Наредба за отговорността и координацията на държавните органи, осъществяващи действия по
административно сътрудничество при прилагането на Регламент Дъблин и Регламент Евродак (Загл. изм. -
ДВ. бр. 89 от 2015 г., изм. ДВ, бр. 46 от 2022 г., в сила от 21.06.2022 г.)[Regulation on the responsibility and
coordination of the state bodies carrying out administrative cooperation actions in the application of the Dublin
Regulation and the Eurodac Regulation (title amended - sg no. 89 of 2015, amended - sg no. 46 from 2022,
effective from 21.06.2022)], June 21, 2022. https://lex.bg/laws/ldoc/2135576190
328 European Union Agency for Asylum. (2021). EASO Asylum Report 20211: Annual Report on the Situation of
329 Italian Refugee Council | Consiglio Italiano per i Rifugiati. (2022, February 9). Nuove integrazioni in tema di
protezione speciale ex art. 19 T.U.I [New additions to the subject of special protection under ex art. 19 T.U.I].
330 Zákon č. 124/2022 Z. z. ktorým sa mení a dopĺňa zákon č. 480/2002 Z. z. o azyle a o zmene a doplnení
niektorých zákonov v znení neskorších predpisov [Act No 124/2022 amending Act No 480/2002 on asylum and
amending certain acts, as amended], March 17, 2022. https://www.slov-lex.sk/pravne-
predpisy/SK/ZZ/2022/124/20220601.html
331 Arrêt 279617 de 27/10/2022
332 Ministry of Justice and Security | Ministerie van Justitie en Veiligheid. (2022, March 2). Kabinet wil wettelijke
grondslag creëren voor gedwongen coronatest [Cabinet wants to establish the legal basis for mandatory Covid
testing]. https://www.dienstterugkeerenvertrek.nl/actueel/nieuws/2022/03/02/kabinet-wil-gedwongen-coronatest-
mogelijk-maken
333 Ministry of Justice and Security | Ministerie van Justitie en Veiligheid. (2022, June 26). Geslaagde gezamenlijke
actie ten behoeve van Dublinoverdrachten [Successful joint action on Dublin transfers].
dublinoverdrachten
334 European Council on Refugees and Exiles. (2023). Input to the Asylum Report 2023.
335 European Council on Refugees and Exiles. (2023). Input to the Asylum Report 2023.
339
EUROPEAN UNION AGENCY FOR ASYLUM
336 AIDA Bulgaria. (2023). Country Report: Bulgaria - 2022 Update. Edited by ECRE. Written by the Bulgarian
Helsinki Committee. https://asylumineurope.org/wp-content/uploads/2023/03/AIDA-BG_2022update.pdf
337 BlogAsy. (2022, June 7). VwGH 21.12.2021, Ro 2019/21/0016: „Ex lege“-Außerkrafttreten einer zurückweisenden
Dublin-Entscheidung [VwGH 21.12.2021, Ro 2019/21/0016: "Ex lege" expiration of a Dublin decision].
zurueckweisenden-dublin-entscheidung-ueberstellungsfrist-dublinverfahren-dublinverordnung-asyl/
338 European Union Agency for Asylum. (2022). Asylum Report 2022. https://euaa.europa.eu/asylum-report-2022
339 AIDA Belgium. (2023). Country Report: Belgium - 2022 Update. Edited by ECRE. Written by the
Vluchtelingenwerk Vlaanderen. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-
342 Swedish Migration Agency (SMA) | Migrationsverket. (2023, March 30). Rättsligt ställningstagande. Överföringar
till Ungern i enlighet med Dublinförordningen - RS/010/2022 [Legal opinion. Transfers to Hungary under the Dublin
344 European Council on Refugees and Exiles. (2023). Input to the Asylum Report 2023.
345 Swiss Refugee Council | Schweizerische Flüchtlingshilfe | Organisation suisse d’aide aux réfugiés. (February
2022). Situation of asylum seekers and beneficiaries of protection with mental health problems in Italy.
346 European Council on Refugees and Exiles. (2023). Input to the Asylum Report 2023.
347 European Council on Refugees and Exiles. (2023). Input to the Asylum Report 2023.
348 Hallituksen esitys HE 103/2022 vp [Government proposal HE 103/2022 vp], June 22, 2022.
349 Ministry of the Interior | Sisäministeriö. (2022, June 8). Amendments to Border Guard Act help prepare for
varautumista?languageId=en_US
350 Finnish Refugee Advice Centre | Pakolaisneuvonta. (2022, May 23). Asia: Luonnos hallituksen esitykseksi
eduskunnalle laiksi ulkomaalaislain muuttamisesta (EU:n turvapaikkamenettelydirektiivin mukaisen rajamenettelyn
käyttöönotto ja soveltaminen Suomessa) [Subject: Draft Government proposal to Parliament for an Act amending
the Aliens Act (introduction and application of the border procedure under the EU Asylum Procedures Directive in
Finland)]. VN/8021/2022-SM-3. https://www.pakolaisneuvonta.fi/wp-content/uploads/Lausunto-SM_HE_Luonnos-
351 AIDA Greece. (2023). Country Report: Greece - 2022 Update. Edited by ECRE. Written by
Greek Council for Refugees. https://asylumineurope.org/reports/country/greece/
352 Equal Rights Beyond Borders, HIAS Greece, & Refugee Support Aegean. (September 2022). The State of the
353 Περί Ασφαλών Χωρών Ιθαγένειας Διάταγμα του 2022 (Διάταγμα 202/2022) [Decree on Safe Countries of
Origin 2022 (Decree 202/2022)], May 27, 2022.
354 European Union Agency for Asylum. (December 2022). Applying the Concept of Safe Countries in the Asylum
355 Κοινή Υπουργική Απόφαση (Αριθμ. οικ. 78391) Κατάρτιση Εθνικού Καταλόγου χωρών καταγωγής που
χαρακτηρίζονται ως ασφαλείς, σύμφωνα με την παρ. 5 του άρθρου 87 του ν. 4636/2019 (Α’ 169), ΦΕΚ Β’ - 667/
15-02-2022 [Joint Ministerial Decision (No. 78391)
Establishing a national list of countries of origin designated as safe, in accordance with article 87(5) of Law
4636/2019 (A’169), Gov.Gaz B’ -667/15-02-2022], February 15, 2022. https://migration.gov.gr/wp-
356 European Union Agency for Asylum. (December 2022). Applying the Concept of Safe Countries in the Asylum
357 Norwegian Directorate of Immigration | Utlendingsdirektoratet. (2022, February 24). UDI 2021-009V Land i 48-
timersprosedyren [UDI 2021-009V Country in the 48-hour procedure]. https://www.udiregelverk.no/rettskilder/udi-
retningslinjer/udi-2021-009/#4.1.4.1_S%C3%B8kere_fra_land_der_UDI_le
358 Odlok o določitvi seznama varnih izvornih držav [Decree on establishing a list of safe countries of origin], March
340
ASYLUM REPORT 2023
359 Arrêté royal du 14 janvier 2022 portant exécution de l'article 57/6/1, § 3, alinéa 4, de la loi du 15 décembre 1980
sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers, établissant la liste des pays
d'origine sûrs [Royal decree of 14 January 2022, implementing article 57/6/1(3) 4) of the Law of 15 December 1980
on access to the territory, residence, settlement and removal of foreigners, establishing a list of safe countries of
origin], January 14, 2022. https://www.ejustice.just.fgov.be/eli/arrete/2022/01/14/2022020096/justel
360 Council of Ministers | Ministerraad | Conseil des ministres. (2023, March 17). Détermination des pays d’origine
sûrs [Determination of safe countries of origin]. https://news.belgium.be/fr/determination-des-pays-dorigine-surs
361 European Union Agency for Asylum. (June 2022). Asylum Report 2022. https://euaa.europa.eu/asylum-report-
2022
362 State Secretary for Justice and Security | Staatssecretaris van Justitie en Veiligheid. (2022. May 11). Kamerbrief
over herbeoordeling VS als veilig land van herkomst [Parliamentary letter on the re-assessment of the US as a
363 State Secretary for Justice and Security | Staatssecretaris van Justitie en Veiligheid. (2022, April 26). Kamerbrief
over herbeoordeling veilige landen van herkomst Armenië [Parliamentary letter on the reassessment of Armenia
as a safe country of origin list]. https://www.rijksoverheid.nl/documenten/kamerstukken/2022/04/26/tk-
herbeoordeling-veilige-landen-van-herkomst-armenie
364 State Secretary for Justice and Security | Staatssecretaris van Justitie en Veiligheid. (2022, February 23).
Kamerbrief over herbeoordeling veilige landen van herkomst Trinidad en Tobago [Parliamentary letter on the
reassessment of Trinidad and Tobago as a safe country of origin].
veilige-landen-van-herkomst-trinidad-en-tobago
365 S.I. No. 541/2022 - European Communities (International Protection Procedures) Regulations 2022, October 27,
366 AIDA Ireland. (2023). Country Report: Ireland - 2022 Update. Edited by ECRE. Written by the Irish Refugee
367 AIDA Switzerland. (2023). Country Report: Switzerland - 2022 Update. Edited by ECRE. Written by Swiss
368 AIDA Malta. (2023). Country Report: Malta - 2022 Update. Edited by ECRE. Written by aditus foundation.
369 Verordnung der Bundesregierung, mit der die Verordnung der Bundesregierung, mit der Staaten als sichere
Herkunftsstaaten festgelegt werden (Herkunftsstaaten-Verordnung - HStV) geändert wird [Federal Government
Regulation amending the Federal Government Regulation designating countries as safe countries of origin
(Countries of Origin Regulation - HStV)], March 30, 2022. https://www.ris.bka.gv.at/eli/bgbl/II/2022/129/20220330
370 Περί Ασφαλών Χωρών Ιθαγένειας Διάταγμα του 2022 (Διάταγμα 202/2022) [Decree on Safe Countries of
Origin 2022 (Decree 202/2022)], May 27, 2022.
371 Κοινή Υπουργική Απόφαση (Αριθμός 708368) Κατάρτιση Εθνικού Καταλόγου χωρών καταγωγής που
χαρακτηρίζονται ως ασφαλείς, σύμφωνα με την παρ. 5 του άρθρου 92 του ν. 4939/2022 (Α’111), ΦΕΚ Β’ -
6012/25.11.2022 [Joint Ministerial Decision (No. 708368)
Establishing a national list of countries of origin designated as safe, in accordance with article 92(5) of Law
4939/2022 (A’111), Gov.Gaz B’ -6012/25.11.2022], November 25, 2022. http://www.et.gr/idocs-
nph/search/pdfViewerForm.html?args=5C7QrtC22wGGrezhDLcpZ3dtvSoClrL8gX5pevewxGbnMRVjyfnPUeJInJ48_
97uHrMts-
zFzeyCiBSQOpYnTy36MacmUFCx2ppFvBej56Mmc8Qdb8ZfRJqZnsIAdk8Lv_e6czmhEembNmZCMxLMtT7WZlQH
CkmKns04wtKSMAqr7oqVLQocfZjwvnCe88wb
372 Ministry of Justice | Dómsmálaráðuneytið. (2022, February 24). Úkraína þegar farin af lista yfir örugg ríki
[Ukraine already removed from the list of safe countries]. https://www.stjornarradid.is/efst-a-baugi/frettir/stok-
frett/2022/02/24/Ukraina-thegar-farin-af-lista-yfir-orugg-riki/
373 Decreto 9 marzo 2022 del Ministero degli Affari Esteri e della Cooperazione Internazionale Revisione della lista
dei Paesi sicuri per i richiedenti protezione internazionale [Decree of 9 March 2022 of the Ministry of Foreign
Affairs and International Cooperation Revision of the list of safe countries for applicants for international protection],
March 9, 2022.
2022-03-11&atto.codiceRedazionale=22A01702&elenco30giorni=false
341
EUROPEAN UNION AGENCY FOR ASYLUM
374 State Secretary for Justice and Security | Staatssecretaris van Justitie en Veiligheid. (2022, February 28).
Kamerbrief over instellen besluit en vertrekmoratorium Oekraïne [Parliamentary letter on establishing a decision
and return moratorium for Ukraine].
en-vertrekmoratorium-oekraine
375 Κοινή Υπουργική Απόφαση Αριθμ. 42799 Καθορισμός τρίτων χωρών που χαρακτηρίζονται ως ασφαλείς και
κατάρτιση εθνικού καταλόγου, κατά τα οριζόμενα στο άρθρο 86 του ν. 4636/2019 (Α’ 169), ΦΕΚ B 2425/2021
[Joint Ministerial Decision No 42799 Designating third countries considered as safe and drawing up a national list,
in accordance with Article 86 of Law 4636/2019 (Gov.Gaz. A 169), Government Gazette B 2425/2021], June 7, 2021.
376 Τροποποίηση της υπ’ αρ. 42799/03.06.2021 κοινής απόφασης των Υπουργών Εξωτερικών και Μετανάστευσης
και Ασύλου «Καθορισμός τρίτων χωρών που χαρακτηρίζονται ως ασφαλείς και κατάρτιση εθνικού καταλόγου
κατά τα οριζόμενα στο άρθρο 86 του ν. 4636/2019 (Α’ 169)» (Β’ 2425), ΦΕΚ Β’ - 5949/16.12.2021 [Amendment to
the Joint Ministerial Decision No 42799/03.06.2021 of the Ministers of Foreign Affairs and Migration and Asylum
“Designation of safe third countries and establishment of a national list in accordance with Article 86 of Law
No 4636/2019 (A’169)” (Β’ 2425), Gov.Gaz B’ -5949/16.12.2021], December 16, 2021.
377 Κοινή Υπουργική Απόφαση (Αριθμός 734214) Καθορισμός τρίτων χωρών που χαρακτηρίζονται ως ασφαλείς και
κατάρτιση εθνικού καταλόγου κατά τα οριζόμενα στο άρθρο 91 του ν. 4939/2022 (Α’ 111), ΦΕΚ Β’ -
6250/12.12.2022 [Joint Ministerial Decision No. 734214 Designation of safe third countries and establishment of a
national list in accordance with Article 91 of Law No 4939/2022 (A’111), Gov.Gaz B’ -6250/12.12.2022], December 12,
2022. http://www.et.gr/idocs-
nph/search/pdfViewerForm.html?args=5C7QrtC22wGGrezhDLcpZ3dtvSoClrL8jxiAQmjybDnNZ8op6Z_wSuJInJ48_
97uHrMts-
zFzeyCiBSQOpYnTy36MacmUFCx2ppFvBej56Mmc8Qdb8ZfRJqZnsIAdk8Lv_e6czmhEembNmZCMxLMtUqyG0u_
ukoeN2afj1AnWxYfeoxiO_m0kc8YdwbYVYFM
378 European Council on Refugees and Exiles. (21 Octoberr 2022). Greece: Paradox - Greek Government Defines
Türkiye a “Shame for Civilization” Amid Stand-off Over Abuse of 92 People in Evros but Deems the Country Safe
for Asylum Seekers, Crack-down on NGOs Continue as Smear Campaign Backfires. https://ecre.org/greece-
paradox-greek-government-defines-turkiye-a-shame-for-civilization-amid-stand-off-over-abuse-of-92-people-in-
evros-but-deems-the-country-safe-for-asylum-seekers-cra/; European Council on Refugees and Exiles. (2022,
October 28). Greece: HRW Finds Türkiye Increasingly Unsafe for Refugees and Calls for EU Pressure to Repeal
JMD, Pushbacks and Abuse Continue and Recognised Refugees are Left in Destitution. https://ecre.org/greece-
hrw-finds-turkiye-increasingly-unsafe-for-refugees-and-calls-for-eu-pressure-to-repeal-jmd-pushbacks-and-abuse-
continue-and-recognised-refugees-are-left-in-destitution/; European Council on Refugees and Exiles. (2022,
November 4). Greece: Two Deadly Shipwrecks in the Aegean, Continued Pushbacks and Non-Response by
Authorities, NGOs Urge a Repeal of Safe Third Country List. https://ecre.org/greece-two-deadly-shipwrecks-in-the-
aegean-continued-pushbacks-and-non-response-by-authorities-ngos-urge-a-repeal-safe-third-country-list/; Greek
Council for Refugees | Ελληνικό Συμβούλιο για τους Πρόσφυγες. (2023). Input to the Asylum Report 2023.
379 European Commission. (2022, October 12). Commission Staff Working Document - Türkiye Report 2022:
Accompanying the document Communication from the Commission to the European Parliament, the Council, the
European Economic and Social Committee and the Committee of the Regions 2022 Communication on EU
Enlargement policy. SWD(2022) 333 final. https://neighbourhood-enlargement.ec.europa.eu/system/files/2022-
380 Refugee Support Aegean (RSA) et al. (2022, October 27). European Commission dispels Greece’s designation
of Türkiye as a “safe third country” for refugees - Repeal the national list of safe third countries. β/72/27.10.2022.
381 Refugee Support Aegean, & Stiftung PRO ASYL. (February 2022). Greece arbitrarily deems Turkey a “safe third
382 European Parliament. (2022, April 5). Parliamentary question: Application of the safe third country concept in
Greece in relation to Article 38(4) [E-001347/2022]. https://www.europarl.europa.eu/doceo/document/E-9-2022-
001347_EN.html
383 European Parliament. (2022, June 22). Parliamentary questions: Answer given by Ms Johansson on behalf of
the European Commission [E-001347/2022]. https://www.europarl.europa.eu/doceo/document/E-9-2022-001347-
384 Greek Council for Refugees | Ελληνικό Συμβούλιο για τους Πρόσφυγες. (2023). Input to the Asylum Report
385 United Nations High Commissioner for Refugees. (2021, August 2). UNHCR’s Position and Recommendations on
the Safe Third Country Declaration by Greece. https://www.unhcr.org/gr/en/22885-unhcrs-position-and-
recommendations-on-the-safe-third-country-declaration-by-greece.html
342
ASYLUM REPORT 2023
386 Linha, M. (2022). Seeking Asylum in Norway: Access to Territory, Safe Third Country and Non-Penalization.
Norwegian Organisation for Asylum Seekers | Norsk organisasjon for asylsøkere (NOAS). https://www.noas.no/wp-
387 2022. évi LX. törvény egyes büntetőjogi tárgyú és ehhez kapcsolódóan egyéb törvények módosításáról [Law LX
of 2022 amending certain laws relating to criminal law and other related laws], January 1, 2023.
388 European Union Agency for Asylum. (2021). EASO Asylum Report 2021: Annual Report on the Situation of
389 Hungarian Helsinki Committee | Magyar Helsinki Bizottság. (2022, December 21). Criminalisation continues -
390 Romer, A. (2022, August 3). Griechenland als sicherer Drittstaat. Juristische Analyse - Update 2022 [Greece as
a safe third country. Legal analysis - 2022 Update]. Swiss Refugee Council | Schweizerische Flüchtlingshilfe |
Organisation suisse d’aide aux réfugiés (SFH | OSAR).
391 European Union Agency for Asylum. (2022). Jurisprudence on Secondary Movements by Beneficiaries of
International Protection: Analysis of Case Law from 2019-2022.
392 New in Denmark | Ny i Danmark. (2023, January 19). Russia is no longer on the ÅGH country list.
393 Νόμος περί τηςΛειτουργίας του Διοικητικού Δικαστηρίου Διεθνούς Προστασίας (Τροποποιητικός) (Αρ.
4) Διαδικαστικός Κανονισμός του 2022 [Law on the rules of procedure for the Administrative Court for International
Protection (Amendment) (No. 5) Procedural Regulation of 2022], 16 September 2022.
394 Lithuanian Red Cross Society. (2023). Input to the Asylum Report 2023.
395 Equal Rights Beyond Borders, HIAS Greece, & Refugee Support Aegean. (September 2022). The State of the
396 United Nations High Commissioner for Refugees. (2023, February 3). The Office of the United Nations High
Commissioner for Refugees Statement on the interpretation of Article 5(3) of the EU Qualification Directive
regarding subsequent applications for international protection based on sur place religious conversion: Issued in
the context of the preliminary ruling reference to the Court of Justice of the European Union in the case of J.F. v.
397 Prime Minister's Office | Forsætisráðuneytið. (2022, June 3). Ráðherranefnd um málefni innflytjenda og
flóttafólks [Ministerial committee on immigration and refugee issues]. https://www.stjornarradid.is/efst-a-
baugi/frettir/stok-frett/2022/06/03/Radherranefnd-um-malefni-innflytjenda-og-flottafolks/
398 Swedish Migration Agency (SMA) | Migrationsverket. (2022, January 17). Statens servicecenter erbjuder
Migrationsverkets tjänster på fler orter [The Swedish Service Center offers the Swedish Migration Agency's
Migrationsverket/Pressrum/Nyhetsarkiv/Nyhetsarkiv-2022/2022-01-17-Statens-servicecenter-erbjuder-
Migrationsverkets-tjanster-pa-fler-orter.html
399 State Agency for Refugees with the Council of Ministries | Държавна агенция за бежанците при
Министерския Съвет. (2022, July 29). Access to the territorial divisions of the State Agency for Refugees at the IC
for representatives and employees of national and international non-governmental organizations is temporarily
restricted.
State Agency for Refugees with the Council of Ministries | Държавна агенция за бежанците при Министерския
Съвет. (2022, July 29). Rules for access to and implementation of activities in the SAR territorial units, for
representatives and employees of national and international non-governmental organizations. State Agency for
Refugees with the Council of Ministries | Държавна агенция за бежанците при Министерския Съвет.
400 Ministry of the Interior | Sisäministeriö. (2022, December 20). Selvitys maahanmuuttohallinnon rakenteista
auttaa kehittämään parasta mahdollista mallia - Sisäministeriö [Study of migration administration structures to
develop the best possible model]. https://intermin.fi/-/selvitys-maahanmuuttohallinnon-rakenteista-auttaa-
kehittamaan-parasta-mahdollista-mallia?languageId=en_US
343
EUROPEAN UNION AGENCY FOR ASYLUM
401 Τροπολογία-Προσθήκη στοΣχέδιο Νόμου τουΥπουργείου Μετανάστευσης καιΑσύλου
"Εθνικό Σύστημα Επιτροπείας και Πλαίσιο Φιλοξενίας Ασυνόδευτων Ανηλίκων" []Amendment-Addition to Draft Law
of the Ministry of Migration and Asylum “National System of Guardianship and Framework for Reception of
Unaccompanied Minors”. 18 July 2022. https://www.hellenicparliament.gr/UserFiles/bbb19498-1ec8-431f-82e6-
402 Government of the Portuguese Republic | Governo da República Portuguesa. (2022, November 25). Governo
cria agência para as migrações e para o asilo [Government sets up agency for migration and asylum].
403 Council of Ministers | Conseil des Ministres. (2022, February 4). Note conceptuelle pour le Code de la migration
[Concept note for the Migration Code]. https://news.belgium.be/fr/note-conceptuelle-pour-le-code-de-la-migration
404 Federal Ministry of the Interior and for Community | Bundesministerium des Innern und für Heimat. (2022,
December 2). Gute Chancen für gut integrierte Menschen [Good chances for well-integrated persons].
405 Act No. XIX of 2022 to amend the International Protection Act, Cap. 420., December 20, 2022.
406 aditus foundation. (2022, June 13). We’ve commented on proposals to amend Malta’s asylum regime.
407 Ministry of Social Affairs and Labour I Félags- og vinnumarkaðsráðuneytið. (2023, January 24). Stýrihópur vinnur
að mótun heildstæðrar stefnu í málefnum innflytjenda og flóttafólks [A steering group is working on the formulation
of a comprehensive policy on the issues of immigrants and refugees]. https://www.stjornarradid.is/efst-a-
baugi/frettir/stok-frett/2023/01/24/Styrihopur-vinnur-ad-motun-heildstaedrar-stefnu-i-malefnum-innflytjenda-og-
flottafolks-/ ;
408 Parliament | Alþingi. (2023, June 1). Þingsályktun um framkvæmdaáætlun í málefnum innflytjenda fyrir árin
2022-2025 [Parliamentary resolution on an implementation plan in immigration matters for the years 2022-2025]
[No. 29/152]. https://www.althingi.is/altext/152/s/1364.html
409 Asylkommissionen | Asyl i Sverige efter 2015. (2023, May 15). The Commission for the Review of Legislation,
Law Application and Legal Security for People Who Have Applied for Asylum in Sweden During the Period 2015-17.
migrationspolitikens konsekvenser [The Asylum Commission has reviewed the consequences of migration policy].
Linköpings universitet. https://liu.se/nyhet/asylkommissionen-har-granskat-migrationspolitikens-konsekvenser
410 FARR. (2022, November 26). Protest against the Tidö Agreement and a xenophobic refugee policy.
411 Office of the Commissioner General for Refugees and Stateless Persons | Commissariaatgeneraal voor de
vluchtelingen en de staatlozen | Commissariat Général aux Réfugiés et aux Apatrides. (July 2022). Rapport annuel
412 Fletcher, L. (2022, November 24). Covid and conflict driving asylum seeker surge - ESRI. RTÉ.
413 United Nations High Commissioner for Refugees. (March 2022). Effective processing of asylum applications:
414 AIDA Austria. (2023). Country Report: Austria - 2022 Update. Edited by ECRE. Written by Asylkoordination
415 Danish Immigration Service | Udlændingestyrelsen. (2022, June 16). The Danish Immigration Service's expected
Page/2022/05/US-application-processing-times-up-to-September-2022 ; Danish Immigration Service |
GB/Words%20and%20Concepts%20Front%20Page/SIRI/SIRI%20processing%20time
416 AIDA Netherlands. (2023). Country Report: Netherlands - 2022 Update. Edited by ECRE. Written by the Dutch
Council for Refugees. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-NL_2022update.pdf
417 Rogan, A. (2022, February 6). Interviews with asylum seekers from certain countries to be dropped in bid to
speed up process. Business Post. https://www.businesspost.ie/news/interviews-with-asylum-seekers-from-certain-
countries-to-be-dropped-in-bid-to-speed-up-process/
418 AIDA Ireland. (2023). Country Report: Ireland - 2022 Update. Edited by ECRE. Written by the Irish Refugee
419 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, June 10). IND: our social task
is becoming increasingly complicated. https://ind.nl/en/news/ind-our-social-task-is-becoming-increasingly-
complicated
420 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, May 25). IND uses lessons
from Task Force to improve organisation. https://ind.nl/en/news/ind-uses-lessons-from-task-force-to-improve-
organisation
344
ASYLUM REPORT 2023
421 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, July 4). Capaciteit IND
onvoldoende voor verwacht aantal asielaanvragen [IND capacity insufficient for expected number of asylum
applications]. https://ind.nl/nl/nieuws/capaciteit-ind-onvoldoende-voor-verwacht-aantal-asielaanvragen; State
Secretary for Justice and Security | Staatssecretaris van Justitie en Veiligheid. (2022, July 1). Brief van de
staatssecretaris van Justitie en Veiligheid aan de Voorzitter van de Tweede Kamer der Staten-Generaal, Nr. 2914:
Actuele situatie asielketen [Letter from the State Secretary for Justice and Security to the Chair of the House of
Representatives of the States General], Nr. 2914: Current situation of the asylum chain].
422 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, September 28). Maximum
decision period for asylum applications from 6 to 15 months. https://ind.nl/en/news/maximum-decision-period-for-
asylum-applications-from-6-to-15-months; Besluit van de Staatssecretaris van Justitie en Veiligheid van 21
september 2022, nummer WBV 2022/22, houdende wijziging van de Vreemdelingencirculaire 2000 [Decision of
the State Secretary for Justice and Security of 21 September 2022, No WBV 2022/22, concerning amendments to
the Aliens Circular 2000], September 12, 2022. https://zoek.officielebekendmakingen.nl/stcrt-2022-25280.html
423 Council of State | Raad van State. (2023, February 13). Samenvatting advies wetsvoorstel verlenging termijnen
bij asiel- en nareisaanvragen [Summary advice bill extending time limits for asylum and family reunification
applications]. https://www.raadvanstate.nl/actueel/nieuws/februari/samenvatting-advies-termijnen-asiel/
424 AIDA Germany. (2023). Country Report: Germany - 2022 Update. Edited by ECRE. Written by Paula Hoffmeyer-
Zlotnik and Marlene Stiller. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-DE_2022update.pdf
425 Rogan, A. (2022, February 6). Interviews with asylum seekers from certain countries to be dropped in bid to
speed up process. Business Post. https://www.businesspost.ie/news/interviews-with-asylum-seekers-from-certain-
countries-to-be-dropped-in-bid-to-speed-up-process/
426 Ministry of Justice and Public Security | Justis- og beredskapsdepartementet. (2022, September 19). GI-15/2022
- Vurdering av vilkårene for asyl i utlendingsloven § 28 første ledd når søkeren allerede har oppholdstillatelse i
Norge [GI-15/2022 - Assessment of the conditions for asylum in the Immigration Act section 28 first paragraph
when the applicant already has a residence permit in Norway].
28-forste-ledd-nar-sokeren-allerede-har-oppholdstillatelse-i-norge/id2928017/
427 Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X v Commissioner
General for Refugees and Stateless Persons (CGRS), No 267 575, 31 January 2022; Denmark, Refugee Appeals
Board [Flygtningenævnet], Applicant v Danish Immigration Service, 2022/11, 1 April 2022; Finland, Turku Regional
Administrative Court [fi. hallinto-oikeus], Applicant v Finnish Immigration Service, H728 / 2022, 3 May 2022; France,
Council of State [Conseil d'État], E.A.D. v French Office for the Protection of Refugees and Stateless Persons
(OFPRA), No 453613, ECLI:ECLI:FR:CECHS:2022:453613.20220426, 26 April 2022; Netherlands, Council of State
[Afdeling Bestuursrechtspraak van de Raad van State], State Secretary v M.A., 202003984/1/V2,
ECLI:NL:RVS:2022:1703, 15 June 2022. Links redirect to the English summaries in the EUAA Case Law Database.
428 Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], Applicant v
Commissioner General for Refugees and Stateless Persons (CGRS), No 273 049 , 20 May 2022. Link redirects to
the English summary in the EUAA Case Law Database.
429 AIDA Netherlands. (2023). Country Report: Netherlands - 2022 Update. Edited by ECRE. Written by the Dutch
Council for Refugees. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-NL_2022update.pdf
430 Bulgaria, Administrative Court, City of Sofia [bg. Административен съд - София град]], O.V. and M. V. v State
Agency for Refugees, No 7901, 21 December 2022; Bulgaria, Administrative Court, City of Sofia [bg.
Административен съд - София град], Applicant v State Agency for Refugees, No 5540, 29 September 2022;
Bulgaria, Administrative Court, City of Sofia [bg. Административен съд - София град], E.K. v State Agency for
Refugees, No 5424, 9 September 2022; Bulgaria, Administrative Court Varna [bg. Административен съд -
Варна], Applicant v Deputy Chairman of the State Agency for Refugees under the Council of Ministers, No 1624,
24 August 2022; Bulgaria, Administrative Court Varna [bg. Административен съд -Варна], Applicant v State
Agency for Refugees, 29 July 2022; Bulgaria, Administrative Court Varna [bg. Административен съд -
Варна], O.P. v Deputy Chairman of the State Agency for Refugees under the Council of Ministers, 1544/2022,
28 July 2022.
431 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, February 28). Uitstel voor
besluiten op asielaanvragen Oekraïners [Postponement for decisions on asylum applications Ukrainians].
https://ind.nl/nl/nieuws/uitstel-voor-besluiten-op-asielaanvragen-oekrainers ; Swedish Migration Agency |
Migrationsverket. (2022, February 24). Rättsligt ställningstagande. Asylärenden och verkställigheter till Ukraina -
RS/002/2022 [Legal position. Asylum cases and enforcement to Ukraine - RS/002/2022]. Swedish Migration
Agency | Migrationsverket. https://lifos.migrationsverket.se/dokument?documentSummaryId=46209
432 Refugee Appeals Board | Flygtningenævnet. (2022, February 24). Flygtningenævnet berostiller sager
vedrørende ukrainske statsborgere [Refugee Appeals Board suspends cases concerning Ukrainian nationals].
345
EUROPEAN UNION AGENCY FOR ASYLUM
433 Office of the Commissioner General for Refugees and Stateless Persons | Commissariaatgeneraal voor de
vluchtelingen en de staatlozen | Commissariat Général aux Réfugiés et aux Apatrides. (2022, March 2).
Afghanistan: New policy. https://www.cgrs.be/en/news/afghanistan-new-policy ; Office of the Commissioner
General for Refugees and Stateless Persons | Commissariaatgeneraal voor de vluchtelingen en de staatlozen |
Commissariat Général aux Réfugiés et aux Apatrides. (2022, May 24). Afghan applications.
434 Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X v the Commissioner
General for Refugees and Stateless Persons (CGRS), No 278 699, 13 October 2022; Belgium, Council for Alien Law
Litigation [Conseil du Contentieux des Étrangers - CALL], Applicant v Commissioner General for Refugees and
Stateless Persons (CGRS), 278 700, 13 October 2022; Belgium, Council for Alien Law Litigation [Conseil du
Contentieux des Étrangers - CALL], X v Commissioner General for Refugees and Stateless Persons (CGRS), No 278
653 , 12 October 2022. Links redirect to the English summaries in the EUAA Case Law Database.
435 Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], Applicant v
Commissioner General for Refugees and Stateless Persons (CGRS), 278 654, 12 October 2022; Belgium, Council
for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], Applicant v Commissioner General for
Refugees and Stateless Persons (CGRS), 278 701, 13 October 2022. Links redirect to the English summaries in the
EUAA Case Law Database.
436 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, June 30). IND will decide on
Afghan asylum applications again. https://ind.nl/en/news/ind-will-decide-on-afghan-asylum-applications-again
437 Swedish Migration Agency | Migrationsverket. (2023, January 24). Rättsligt ställningstagande. Prövning av
skyddsbehov för medborgare från Afghanistan - RS/089/2021 (version 4.0) [Legal opinion. Examination of the need
for protection of citizens from Afghanistan - RS/089/2021 (version 4.0)].
438 European Union Agency for Asylum. (2023, January 24). Country Guidance: Afghanistan (January 2023).
439 Refugee Appeals Board | Flygtningenævnet. (2022, December 15). Lempet bevisvurdering ved
Flygtningenævnets behandling af asylansøgninger fra kvinder og piger fra Afghanistan [Eased assessment of
evidence in the Refugee Board's processing of asylum applications from women and girls from Afghanistan].
440 Refugee Appeals Board | Flygtningenævnet. (2023, January 30). Referat af ekstraordinært møde i
koordinationsudvalget den 30. januar 2023 [Minutes of extraordinary meeting of the coordination committee on
30 January 2023]. https://fln.dk/-/media/FLN/Koordinationsudvalg/Ref-af-ekstraordinaert-moede-i-kudv-den-30-
januar-2023.pdf?la=da&hash=18A7768065CAFC72709F425166135CE22496D3FF
441 Finnish Immigration Service | Maahanmuuttovirasto. (2023, February 15). Refugee status to Afghan women and
afghan-applicants?ref=newsroom
443 United Nations High Commissioner for Refugees. (February 2023). Guidance Note on the International
Protection Needs of People Fleeing Afghanistan (Update I). https://www.refworld.org/docid/63e0cb714.html
444 Refugee Appeals Board | Flygtningenævnet. (2021, December 16). Flygtningenævnet berostiller behandlingen af
sager vedrørende etiopiske statsborgere [Refugee Appeals Board suspends processing of cases concerning
445 Refugee Appeals Board | Flygtningenævnet. (2022, February 24). Flygtningenævnet genoptager behandlingen
af sager vedrørende etiopiske statsborgere [Refugee Appeals Board resumes consideration of cases concerning
446 Ministry of Justice and Security | Ministerie van Justitie en Veiligheid. (2022, February 11). Kamerbrief over
landenbeleid Egypte [Parliamentary letter on the Egypt country policy].
egypte
447 Norwegian Organisation for Asylum Seekers | Norsk organisasjon for asylsøkere. (2022, November 11). NOAS
ber Utlendingsnemnda vurdere Iran-saker på nytt [NOAS asks the Norwegian Immigration Service to reassess Iran
448 European Union Agency for Asylum. (2022, June 29). Country Guidance: Iraq.
449 Swedish Migration Agency | Migrationsverket. (2022, July 1). Rättsligt ställningstagande. Prövning av
skyddsbehov för medborgare från Irak - RS/007/2022 [Legal position. Assessment of protection needs for
nationals from Iraq - RS/007/2022]. https://lifos.migrationsverket.se/dokument?documentSummaryId=46593
450 State Secretary for Justice and Security | Staatssecretaris van Justitie en Veiligheid. (2023, January 11). Letter to
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ASYLUM REPORT 2023
451 Danish Refugee Council. (2023). Input to the Asylum Report 2023.
452 European Union Agency for Asylum. (May 2022). Country Guidance Somalia 2022.
453 Swedish Migration Agency | Migrationsverket. (2022, June 23). Rättsligt ställningstagande. Prövning av
skyddsbehov för medborgare från Somalia - RS/006/2022 [Legal position. Examination of the protection needs of
454 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, March 24). Temporary stop of
decisions for political opponents from Sudan. https://ind.nl/en/news/temporary-stop-of-decisions-for-political-
opponents-from-sudan
455 Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van State], Applicants v State
Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid) (no 2), 202105784/1/V3,
ECLI:NL:RVS:2022:1863, 6 July 2022; Netherlands, Council of State [Afdeling Bestuursrechtspraak van de Raad van
State], Applicants v State Secretary for Justice and Security (Staatssecretaris van Justitie en Veiligheid),
202105784/1/V3, ECLI:NL:RVS:2022:1864, 6 July 2022. Link redirects to the English summary in the EUAA Case
Law Database.
456 AIDA Germany. (2023). Country Report: Germany - 2022 Update. Edited by ECRE. Written by Paula Hoffmeyer-
Zlotnik and Marlene Stiller. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-DE_2022update.pdf
457 Swedish Migration Agency | Migrationsverket. (2023, February 7). Rättsligt ställningstagande. Prövning av
skyddsbehov för medborgare från Syrien (version 5.0) - RS/022/2020 [Legal opinion. Assessment of the need for
protection of Syrian nationals (version 5.0) - RS/022/2020].
458 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, June 29). Temporary stop
decisions for Russian conscripts. https://ind.nl/en/news/temporary-stop-decisions-for-russian-conscripts
459 State Secretary for Justice and Security | Staatssecretaris van Justitie en Veiligheid. (2022, December 13).
Kamerbrief over verlenging besluit en vertrekmoratorium voor dienstplichtigen uit Rusland [Letter to parliament on
extension of decision and departure moratorium for conscripts from Russia].
en-vertrekmoratorium-voor-dienstplichtigen-uit-rusland
460 Swedish Migration Agency | Migrationsverket. (2023, February 7). Rättsligt ställningstagande. Prövning av
skyddsbehov för medborgare från Syrien (version 5.0) - RS/022/2020 [Legal opinion. Assessment of the need for
protection of Syrian nationals (version 5.0) - RS/022/2020].
461 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, February 17). Improved work
instruction for assessment of asylum applications from apostates and atheists | IND.
atheists
462 Council of State | Raad van State. (2022, January 19). Staatssecretaris J&V moet werkwijze beoordeling
asielaanvragen afvalligen en atheïsten verbeteren [The State Secretary for J&S must improve the work instructions
on assessing asylum applications for apostates and atheists].
463 Stichting Gave. (2023). Input to the Asylum Report 2023. https://euaa.europa.eu/sites/default/files/2023-
464 Περί Προσφύγων (Τροποποιητικός) (Αρ. 2) Νόμος του 2022 [The Refugees Law of 2022 (Amendment)(No. 2)].
10 November 2022. https://www.nomoplatform.cy/bills/o-peri-prosfygon-tropopoiitikos-nomos-toy-2022-2/
465 I Have Rights. (2023). Input to the Asylum Report 2023. https://euaa.europa.eu/sites/default/files/2023-
466 AIDA Netherlands. (2023). Country Report: Netherlands - 2022 Update. Edited by ECRE. Written by the Dutch
Council for Refugees. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-NL_2022update.pdf
467 AIDA Netherlands. (2023). Country Report: Netherlands - 2022 Update. Edited by ECRE. Written by the Dutch
Council for Refugees. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-NL_2022update.pdf
468 Organization for Aid to Refugees | Organizace pro Promoc Uprchlíkům. (2023). Input to the Asylum Report 2023.
469 Fundación Cepaim. (2023). Input to the Asylum Report 2023. https://euaa.europa.eu/sites/default/files/2023-
470 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community
statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the
compilation of statistics on foreign workers (Text with EEA relevance). http://data.europa.eu/eli/reg/2007/862/oj
471 Schengenvisa, Serbia Introduces Visas for Nationals of India & Guinea-Bissau From January 1, 2023,
23 December 2022.
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EUROPEAN UNION AGENCY FOR ASYLUM
472 NANSEN, the Belgian refugee council. (2022, October 18). Asile - Afghanistan : qualité de l’examen du besoin
de protection internationale [Asylum - Afghanistan: quality of the examination of the need for international
protection]. https://nansen-refugee.be/2022/10/18/asile-afghanistan-qualite-de-lexamen-du-besoin-de-protection-
internationale/?msdynttrid=36CF4-T_Uan3wn4HUhJeFLXETgMpHZx20h__G2fa8Bs ; NANSEN, the Belgian
refugee council. (2022). NANSEN Note 3 - 2022. https://nansen-refugee.be/wp-content/uploads/2022/10/NANSEN-
473 European Court of Human Rights. (2023, May 23). Grand Chamber Panel’s decisions [ECHR 151 (2023)].
474 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, May 3). Inspectorate of
Justice and Security: more people, resources and time needed for IND. https://ind.nl/en/news/inspectorate-of-
justice-and-security-more-people-resources-and-time-needed-for-ind
475 Association for Legal Intervention I Stowarzyszenia Interwencji Prawnej. (2023). Input to the Asylum Report
476 Ministry of Immigration and Asylum | Ministre de l'Immigration et de l'Asile. (2023, February 9). Réponse de
Monsieur le Ministre de l’Immigration et de l’Asile à la question parlementaire No 7469 du 12 janvier 2023 des
honorables députées Djuna Bernard et Stéphanie Empain [Answer of the Minister of Immigration and Asylum to
the parliamentary question No 7469 of January 12, 2023 of the honorable deputies Djuna Bernard and Stéphanie
477 Lietuvos Seimo Kontrolierai. (2022, September 21). PAŽYMA DĖL X SKUNDO PRIEŠ MIGRACIJOS
DEPARTAMENTĄ PRIE LIETUVOS RESPUBLIKOS VIDAUS REIKALŲ MINISTERIJOS - LRSK [CERTIFICATE
REGARDING X COMPLAINT AGAINST THE MIGRATION DEPARTMENT AT THE MINISTRY OF INTERIOR OF THE
REPUBLIC OF LITHUANIA]. https://www.lrski.lt/documents/pazyma-del-x-skundo-pries-migracijos-departamenta-
prie-lietuvos-respublikos-vidaus-reikalu-ministerijos-7/
478 Spanish Ombudsman | Defensor Del Pueblo. (March 2022). Informe anual 2022. Volumen I [Annual report 2022.
Volume I]. https://www.defensordelpueblo.es/wp-content/uploads/2023/03/Defensor-del-Pueblo-Informe-anual-
479 Fundación Cepaim. (2023). Input to the Asylum Report 2023. https://euaa.europa.eu/sites/default/files/2023-
480 Lithuanian Red Cross Society. (2023). Input to the Asylum Report 2023.
https://euaa.europa.eu/sites/default/files/2023-02/lithuanian_red_cross_society.pdf ; Association for Legal
Intervention I Stowarzyszenia Interwencji Prawnej. (2023). Input to the Asylum Report 2023.
481 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2023, February 13). Last year 3.4
482 Office of the Commissioner General for Refugees and Stateless Persons | Commissariaatgeneraal voor de
vluchtelingen en de staatlozen | Commissariat Général aux Réfugiés et aux Apatrides. (2022, September 19). Video
interviews in closed centres. https://www.cgrs.be/en/news/video-interviews-closed-centres; Arrêté royal du 26
Novembre 2021 modifiant l'arrêté royal du 11 juillet 2003 fixant certains éléments de la procédure à suivre par le
service de l'Office des étrangers chargé de l'examen des demandes d'asile sur la base de la loi du 15 décembre
1980 sur l'accès au territoire, le séjour, l'établissement et l'éloignement des étrangers [Royal Decree of 26
November 2021 amending the Royal Decree of 11 July 2003 determining certain elements of the procedure to be
followed by the service of the Immigration Office tasked with the examination of asylum applications based on the
Law of 15 December 1980 on access to the territory, residence, settlement and removal of foreign nationals],
November 26, 2021. https://www.ejustice.just.fgov.be/eli/arrete/2021/11/26/2021034165/justel
483 The Croatian independent mechanism of monitoring the actions of police officers of the Ministry of the Interior.
(July 2022). Annual report of the independent mechanism of monitoring the actions of police officers of the
Ministry of the Interior in the area of illegal migration and international protection June 2021 - June 2022.
ort%20of%20the%20Independent%20monitoring%20mechanism%20-
%201%20July%202022.pdf?vel=2061078%20
484 Federal Office for Migration and Refugees | Bundesamt für Migration und Flüchtlinge. (2022, February 17).
Europaweit einzigartiges IT-Assistenzsystem unterstützt Entscheidende des Bundesamtes in Anhörungen [New IT
assistance tool supporting employees during personal interviews].
485 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, June 28). IND launches
waiting-for-a-decision/LMA-card.html
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ASYLUM REPORT 2023
487 European Council on Refugees and Exiles. (January 2022). AIDA comparative report: Digitalisation of asylum
procedures: risks and benefits. https://asylumineurope.org/wp-content/uploads/2022/01/Digitalisation-of-asylum-
488 Social Insurance Board | Sotsiaalkindlustusamet. (2022, March 10). Valminud on psühholoogilise esmaabi e-
kursus kriisi sattunud inimeste abistajatele [The psychological first aid e-course for helpers of people in crisis has
been completed]. https://www.sotsiaalkindlustusamet.ee/uudised/valminud-psuhholoogilise-esmaabi-e-kursus-
kriisi-sattunud-inimeste-abistajatele
489 Immigration and Naturalisation Service | Immigratie- en Naturalisatiedienst. (2022, January 26). IND investigates
490 LRT.lt (2022, October 23). Migracijos departamentas prašo labiau kelti algas, nes darbuotojų kaita itin didelė.
darbuotoju-kaita-itin-didele
491 European Council on Refugees and Exiles, & Hungarian Helsinki Committee | Magyar Helsinki Bizottság. (2022).
Effective remedies in national security-related asylum cases, with a particular focus on access to classified
492 Lög um breytingu á lögum um útlendinga, nr. 80/2016 (alþjóðleg vernd) [Act amending the Act on Aliens, no.
80/2016 (international protection)], March 27, 2023. https://www.althingi.is/altext/153/s/1337.html
493 Ministry of Justice | Dómsmálaráðuneytið. (2022, April 4). Endurskoðun útlendingalaga [Revision of the
Immigration Act]. https://www.stjornarradid.is/efst-a-baugi/frettir/stok-frett/2022/04/04/Endurskodun-
utlendingalaga/
494 Act No. XIX of 2022 to amend the International Protection Act, Cap. 420., December 20, 2022.
495 Swiss Refugee Council | Schweizerische Flüchtlingshilfe | Organisation suisse d’aide aux réfugiés. (2023). Input
to the Asylum Report 2023. https://euaa.europa.eu/sites/default/files/2023-02/swiss_refugee_council.pdf
496 Ο περί της λειτουργίας του Διοικητικού Δικαστηρίου Διεθνούς Προστασίας (Τροποιητικός αρ. 4) Δικαστικός
Κανονισμός του 2022 [Amendment No 4 of the court regulation on rules of procedure of the Administrative Court
for International Protection], September 16, 2022.
497 AIDA Cyprus. (2023). Country Report: Cyprus - 2022 Update. Edited by ECRE. Written by Cyprus Refugee
498 AIDA Germany. (2023). Country Report: Germany - 2022 Update. Edited by ECRE. Written by Paula Hoffmeyer-
Zlotnik and Marlene Stiller. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-DE_2022update.pdf
499 The International Protection Appeals Tribunal. (2022, February 1). Chairperson's Guideline No 2022/1 on Taking
500 Organisation for Aid to Refugees | Organizace pro pomoc uprchlíkům. Input to the Asylum Report 2023.
501 AIDA Germany. (2023). Country Report: Germany - 2022 Update. Edited by ECRE. Written by Paula Hoffmeyer-
Zlotnik and Marlene Stiller. https://asylumineurope.org/wp-content/uploads/2023/04/AIDA-DE_2022update.pdf
502 aditus foundation. (2022, June 13). We’ve commented on proposals to amend Malta’s asylum regime.
503 Association for Legal Intervention I Stowarzyszenia Interwencji Prawnej. (2023). Input to the Asylum Report
504 Helsinki Foundation for Human Rights | Helsińska Fundacja Praw Człowieka. (2023). Input to the Asylum Report
505 AIDA Cyprus. (2023). Country Report: Cyprus - 2022 Update. Edited by ECRE. Written by Cyprus Refugee
506 AIDA Hungary. (2023). Country Report: Hungary - 2022 Update. Edited by ECRE. Written by Hungarian Helsinki
507 AIDA Italy. (2023). Country Report: Italy - 2022 Update. Edited by ECRE. Written by Associazione per gli Studi
Giuridici sull'Immigrazione (ASGI). https://asylumineurope.org/wp-content/uploads/2023/05/AIDA-IT_2022-
508 Greek Council for Refugees | Ελληνικό Συμβούλιο για τους Πρόσφυγες (GCR | ΕΣΠ) et al. (January 2023). Rule
of Law Backsliding Continues in Greece: Joint Civil Society Submission to the European Commission on the 2023
509 Federal Ministry for the Interior | Bundesministerium für Inneres. (2022, December 2). Gute Chancen für gut
integrierte Menschen [Good chances for well-integrated persons].
349