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National Asylum Developments Database

 

The National Asylum Developments Database presents legislative, institutional and policy developments related to asylum since 2018.

Searches can be narrowed down by:

  • Country
  • Year
  • Type of development: legislative, institutional or policy 
  • Thematic area: access to procedure, access to information, legal assistance and representation, interpretation services, special procedures, procedures at first instance, reception of applicants for international protection, detention, procedures at second instance, country of origin information, statelessness in the asylum context, content of protection, return of former applicants, resettlement and humanitarian admission programmes.

Details on each development and further analysis can be consulted in the Asylum Report series.
 

Types of policies and practices reported in the National Asylum Developments Database

The National Asylum Developments Database can be searched by institutional, legislative and policy changes. There are three types of policy developments:

Policies and practices related to the integrity of national asylum systems aim to swiftly identify unfounded asylum applications and ensure that financial, human and administrative resources are not dissipated on such claims. These measures involve efforts to rapidly establish an applicant’s identity, including age, country of origin, travel route and security concerns if any. These facts help to better assess the credibility of the applicant’s statements and determine whether beneficiaries of international protection are still in need of protection. The prevention of unintentional misuse of the asylum procedure and its integrity are also supported by the provision of information to asylum applicants and beneficiaries of international protection on their respective rights and obligations and related procedural arrangements.

Policies and practices that improve the efficiency of national asylum systems include digitalisation and the use of new technologies in the framework of asylum, prioritising or fast-tracking applications, the re-organisation of the procedure itself or implementing changes in the number of staff employed.

Policy and practice aiming to enhance the quality of national asylum systems contribute to increasing fairness, integrity and efficiency. Quality assurance systems, guidance materials and capacity-building measures typically pay off on the initial investment and efforts. The initiatives include staff training, revising existing guidance materials and monitoring the quality of the decisions delivered.

The database presents validated factual information and does not imply any endorsement from the European Commission or EUAA.

Flag Country Year Type of development Sort descending Thematic area Development Source
Germany Flag Germany 2019 Legislative Detention Detention during the asylum procedure A “detention for non-cooperation” (Mitwirkungshaft) of 14 days was introduced, enforceable against foreigners who do not cooperate in the establishment of their identity in the framework of return. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Detention Detention during the asylum procedure In the framework of the custody to secure departure (Ausreisegewahrsam), it was clarified that the risk of absconding is not a determining criteria. A person can be placed in custody to secure departure when the deadline for leaving the country has expired by more than 30 days. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Detention Detention during the asylum procedure 500 additional return detention places were created in regular prisons – in separated premises from inmates - temporarily until 2022, next to the existing 500 special return places. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Return of former applicants Return of former applicants Authorities will no longer announce the planned date for forced removal following the expiry of the date for voluntary return. Information about the circumstances of a particular removal is now considered to be secret and sharing such information or instigating or abetting the sharing of such information is punishable under criminal law. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Return of former applicants Return of former applicants A new category for tolerated stay (Duldung) was created for persons whose removal cannot be carried out due to ambiguities in their identity which they created, for example by not handing over the necessary travel documents or by misleading the authorities concerning their identity and nationality. These persons are subject to the residence obligation (Wohnsitzauflage) and do not have the right to undertake gainful employment. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection Under the Asylum Seekers Benefits Act, material reception conditions can be restricted to a greater extent when the applicant does not cooperate. Applicants awaiting a transfer under the Dublin procedure are now entitled only to limited material reception conditions. Material reception conditions are limited to core benefits until leaving the country (Überbrückungsleistungen) for applicants who have already been granted international protection in another EU Member State and whose obligation to leave the territory is enforceable. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection Adult applicants without children are required to live in an initial reception centre for a maximum period of 18 months (federal states may decide to extend this period to 24 months). The previous law defined a 6-month maximum period. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Access to information Access to information The Asylum Act was complemented with Article 12a, which regulates the modalities of BAMF counselling on asylum procedures for applicants. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection A new paragraph was added in the Asylum Act (Article 44(2a)), underlining that federal states are obliged to provide reception conditions ensuring the protection of women and other vulnerable applicants. DE LEG 03 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection All applicants became entitled to participate in an integration course after nine months of stay and they will have access to employment-related language courses after having registered as job seeker at the federal employment agency. This opportunity was previously reserved for applicants with high chances of recognition. Tolerated persons may participate in employment-related German courses after six months of tolerated stay. DE LEG 04 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection The law facilitates access to vocational training for all persons with a right to work in Germany, regardless of the initial residence circumstances of the person concerned. DE LEG 04 2019
Germany Flag Germany 2019 Legislative Reception of applicants for international protection Reception of applicants for international protection The unemployment benefit may be paid during the period of the integration course or the employment-related language course, when the federal employment agency considers participation in such courses necessary for the sustainable labour market integration. DE LEG 04 2019
Germany Flag Germany 2019 Legislative Content of protection Content of protection Beneficiaries of international protection are in principle obliged to take up residence and are entitled to integration services in the federal state where their asylum procedure was conducted. The foreigners’ authorities of the federal states are obliged to bear the integration costs for three years. DE LEG 05 2019
Lithuania Flag Lithuania 2019 Legislative Content of protection Content of protection A new ground was added to withdraw subsidiary protection: when there is a serious ground that the person’s stay in the country would represent a threat to national security or the community. LT LEG 01 2019
Italy Flag Italy 2019 Legislative Special procedures to process asylum applications Special procedures to process asylum applications New Inter-ministerial Decree defined a list of safe countries of origin. IT LEG 03 2019
Italy Flag Italy 2019 Legislative Unaccompanied minors and vulnerable groups Unaccompanied minors and vulnerable groups Within the Protection System for Beneficiaries of International Protection and Unaccompanied Foreign Minors (SIPROIMI), the Ministry of the Interior in Italy allocated funds to finance projects, organised by local authorities, related to unaccompanied minors. IT LEG 04 2019
Latvia Flag Latvia 2019 Legislative Statelessness in the context of asylum Statelessness in the context of asylum New legislation provides citizenship automatically to children born to non-citizens in the country, unless the parents have agreed to grant to the child citizenship of another country. LV LEG 01 2019
Lithuania Flag Lithuania 2019 Legislative Processing asylum applications at first instance Processing asylum applications at first instance The Migration Department may take joint decisions on asylum applicants of the same family (previously they were always taken jointly), provided that a joint decision does not disclose personal circumstances of an applicant which could pose a threat to best interests. LT LEG 01 2019
Lithuania Flag Lithuania 2019 Legislative Access to procedure icon Access to procedure The Migration Department took over some tasks from the police and, for example, applicants can now lodge an application directly with the institution rather than the police. The initial interview with the applicant is obligatorily recorded (video or audio) and attached to the personal file. The department can now also issue a Certificate of Acceptance of an Application for Asylum, confirming an applicant’s status and serving as a Foreigners’ Registration Certificate, pending the issuance of the latter. LT LEG 01 2019
Lithuania Flag Lithuania 2019 Legislative Detention Detention during the asylum procedure Non-cooperation with authorities during the asylum application became a ground for detention. LT LEG 01 2019
Lithuania Flag Lithuania 2019 Legislative Processing asylum applications at first instance Processing asylum applications at first instance Information related to the lodging and examination of an application for asylum may be classified in accordance with the procedure established by the Law of the Republic of Lithuania on State Secrets and Official Secrets. LT LEG 01 2019
Lithuania Flag Lithuania 2019 Legislative The Dublin procedure The Dublin procedure The transfer of asylum applicants to the responsible Dublin state became the task of the State Border Guard Service. LT LEG 01 2019
Lithuania Flag Lithuania 2019 Legislative Processing asylum applications at first instance Processing asylum applications at first instance No separate justification in the Migration Department’s decision is required when extending the period for examination of an application (up to six months). LT LEG 01 2019
Lithuania Flag Lithuania 2019 Legislative Processing asylum applications at first instance Processing asylum applications at first instance A separate decision in writing on issuing or renewing a foreigner’s registration certificate is no longer required. LT LEG 01 2019
Belgium Flag Belgium 2019 Legislative Return of former applicants Return of former applicants An amendment to the Immigration Act further clarified decision-making competences in issuing an order to leave the territory. BE LEG 03 2019