Welcome to the webpage of the EUAA Complaints Mechanism.
Thank you for taking this step in defending your rights. We know it takes courage.
The EUAA is fully committed to respecting your fundamental rights and this is a requirement for all our experts.
The complaints mechanism is established by the Agency to ensure that fundamental rights are respected in all its activities.
In this section of the website, you can find useful information and templates for the submission of a complaint to the EUAA Fundamental Rights Officer, in a safe and confidential manner.
Who can submit a complaint?
You can submit a complaint to the Fundamental Rights Officer, if you believe that a member of an EUAA Operational Asylum Support Team has violated your fundamental rights.
Any other person, lawyer or organisation can help you file a complaint or represent you, filing a complaint on your behalf. If you choose this option, your representative must submit a proof that you have authorised this person or organisation to represent you.
Your human rights and fundamental freedoms
The members of an EUAA Operational Asylum Support Team are involved in a variety of activities, such as registering asylum applications, conducting asylum or vulnerability interviews, providing information, interpretation or cultural mediation services.
In performing these tasks, they have to respect your fundamental rights. If you believe this is not the case, you can submit a complaint to the EUAA.
How to submit a complaint?
A complaint must be submitted in writing. We encourage you to fill the standard complaint form and send it by email to complaints@euaa.europa.eu, to speed up the assessment of your complaint.
Alternatively, you can send the standard complaint form by post to the following address:
To: European Union Agency for Asylum
Attention: Fundamental Rights Officer
Winemakers Wharf
Valletta, MRS 1917
Malta
If you decide not to use the standard complaint form, make sure that your complaint contains your contact details and detailed information on how your fundamental rights have been violated, where the violation took place and about other persons who may have witnessed the violation. You can send additional details or documents concerning your complaint at any time.
How does the complaints procedure work?
Specific Criteria for Admissible Complaints
- You, as the potential victim, or your representative, submit the complaint.
- You, as the potential victim, can be identified.
- You, as the potential victim, or your representative, provide contact details.
- You provide sufficient information to support the complaint.
- Your complaint is submitted in writing.
- Your complaint concerns the actions of members of an EUAA Operational Asylum Support Team participating in an asylum support team.
- The facts can be considered a violation of the complainant’s fundamental rights.
- You submitted the complaint within one year from the moment the facts happened.
- Your complaint is not abusive, malicious, frivolous, vexatious, hypothetical or inaccurate.
Assess: the Fundamental Rights Officer of the EUAA will receive your complaint and assess it based on specific criteria. The Fundamental Rights Officer can also contact you for further information.
Inform: the Fundamental Rights Officer will inform you about the next steps.
- If your complaint cannot be processed, the Fundamental Rights Officer will inform you about other options for addressing your concerns.
- Investigate: if your complaint can be processed, the Fundamental Rights Officer will send your complaint to the Executive Director of the EUAA and, if relevant, to the authorities of involved Member States to investigate your complaint and take appropriate measures.
Inform: the Fundamental Rights Officer will inform you about the result of your case:
- If members of an EUAA Operational Asylum Support Team are found to have violated your fundamental rights, they will be removed from the EUAA’s operational activities.
- The expert may also be subject to other sanctions in accordance with administrative, civil or criminal law.
Good to know
The time needed to process a complaint may vary, depending on the case. However, the Fundamental Rights Officer and the EUAA are committed to effectively handling and following up on your complaint. All complaints will receive a reply.
Your complaint does not replace a report to the police: we encourage you to also report violations of fundamental rights to the police. You can also address your case at the same time to other institutions, such as national courts or ombudspersons, which may also help to protect your rights.
A complaint should not be sent to appeal a decision on your asylum application: if you disagree with a decision on your right to asylum, you can submit an appeal to the competent national authority.
Your personal information (name, contact details, etc.) will not be processed by the EUAA for any purpose other than the handling of your complaint. Your personal information (name, contact details, etc.) will be shared with the authorities of the involved Member States, but only with your consent.