Please see entry for Euro-African Dialogue on Migration and Development
Please see entry for Euro-African Dialogue on Migration and Development
Please see entry for Rapid Border Intervention Team
Any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of
and fundamental freedoms in the political, economic, social, cultural or any other field of public life.
Broader Term: discrimination
Related Term: racism, xenophobia
1. The Convention does not define 'race' but it does define 'racial discrimination'.
2. Distinctions made on the basis of citizenship (that is, between citizens and non-citizens) are specifically excluded from the definition, as are affirmative action policies and other measures taken to redress imbalances and promote equality.
3. Some institutions such as UNHCRand EASOuse the term 'discrimination' with the same definition.
Ideas or theories of superiority of one race or group of persons of one colour or ethnic origin.
Related Term: racial discrimination, xenophobia
1. Racism can be defined in many ways. A broad, general definition is used here in order to have a common understanding of the concept. However, there is a problem in that the term 'racism' presupposes the existence of different races. Recital (6) of Directive 2000/43/EC states that 'The European Union rejects theories which attempt to determine the existence of separate human races.'
2. According to the EU acquis, and specifically Art. 1 of Framework Decision 2008/913/JHA, offences concerning racism and xenophobia are considered to be:
3. The Council of Europe provides further insight into the understanding of this term at http://www.eycb.coe.int/compass/en/chapter_5/5_4.html
A mechanism providing rapid operational assistance for a limited period to a requesting Member State facing a situation of urgent and exceptional pressure at points of the external EU bordersfrom large numbers of third-country nationalstrying to enter the territory of the Member State illegally.
Related Term: European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
An agreement between the EU and/or a Member State with a third country, on the basis of reciprocity, establishing rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry to, presence in, or residence in the territories of the third country or one of the Member States of the European Union, and to facilitate the transit of such persons in a spirit of cooperation.
1. Re-admission agreements concluded between the EU and a third country supersede those of any Member State with the same country, although this might not be the case for DK and possibly IE and UK as these Member States can choose not to participate in (opt-in to) the relevant EU agreement.
2. For more information, see the website of DG HOME.
Risk ofserious harmexperienced by an
applicant for international protection
which is considered to be both real and likely to occur.
Broader Term: serious harm
Related Term: well-founded fear of persecution
1.The likelihood of an applicant for international protection suffering serious harm is assessed in order to provide a standard of proof for assessing eligibility for subsidiary protection. According to Art. 4(4) of the Directive 2011/95/EU (Recast Qualification Directive) on the 'assessment of facts and circumstances', earlier serious harm or direct threats are appraised as a 'serious indication of the applicant’s ... real risk of suffering serious harm, unless there are good reasons to consider that such persecution or serious harm will not be repeated'.
2. The European Court of Human Rights has ruled in a high number of different cases that there is a violation of Art. 3 of the European Convention on Human Rights (ECHR) 'if substantial grounds have been shown for believing that the person concerned, if deported, faces a real risk of being subjected to treatment contrary to Art. 3 ECHR'. In light of the Court’s consequent jurisprudence, this standard means that: (a) there is no need for the risk to be very high (no certainty or significant probability requirement); (b) at the same time the risk cannot be a mere possibility (a distant, vague or theoretical alternative).
Source: Developed by EMN
Please see entry for Convention grounds for persecution
Please see entry for host country
A location with facilities for receiving, processing and attending to the immediate needs of Refugeesor asylum seekersas they arrive in a country of asylum.
Broader Term: reception facilities
Related Term: accomodation centre
For more information on categories of reception centres available in EU Member States, see EMN: the Organisation of Reception Facilities for Asylum Seekers in different Member States, 2013 [2 MB] .
The full set of measures that Member States grant to applicants for international protection.
Narrower Term: material reception conditions
For more information on reception conditions in the EU, see EMN: the Organisation of Reception Facilities for Asylum Seekers in different Member States, 2013 [2 MB] .
All forms of premises used for the housing of applicants for international protection and other categories of migrants and Refugees.
Narrower Term: accomodation centre, Reception Centre
For more information on categories of reception facilties available in EU Member States, see EMN: the Organisation of Reception Facilities for Asylum Seekers in different Member States, 2013 [2 MB] .
Source: Developed by EMN
Please see entry for Convention refugee
A formal acknowledgement by a competent authority of the validity of a foreign qualification with a view to access to educational and/or employment activities.
Synonym(s): qualifications (recognition of foreign)
Please see entry for entry ban
Please see entry for Lisbon Treaty
The return by a State, in any manner whatsoever, of an individual to the territory of another state in which they may be persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion or would run the risk of
Related Term: compulsory return, non-refoulement
Refoulement includes any action having the effect of returning the individual to a State, including expulsion , deportation , extradition, rejection at the frontier, extra-territorial interception and physical return .
In the global context, either a person who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned before, is unable or, owing to such fear, unwilling to return to it.
In the EU context, either a third-country national who, owing to a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it, and to whom Art. 12 (Exclusion) of Directive 2011/95/EU does not apply.
Narrower Term: applicant for international protection, asylum-seeker, Convention refugee
Broader Term: forced migrant
Related Term: beneficiary of international protection, person eligible for subsidiary protection
Whereas the exclusion clauses are an integral part of the refugee definition of Directive 2011/95/EU (Recast Qualification Directive), the Geneva Convention of 1951 refers to the exclusion clauses in its Articles 1D, 1E and 1F (see also the definition of 'exclusion clause').
Source: Global context: Art. 1A of the Geneva Convention of 1951
EU context: Art. 2(d) of Directive 2011/95/EU (Recast Qualification Directive)
Please see entry for Geneva Convention of 1951 and Protocol of 1967
A refugee who, although not returned directly to a country where they may be persecuted, is denied asylum or unable to find a State willing to examine their request, and are shuttled from one country to another in a constant search for asylum.
Related Term: de facto refugee, postponement of removal
A refugeewho is temporarily admitted in the territory of a State under the condition that they are resettled elsewhere.
Related Term: resettled refugee, resettlement
1. This term is currently little used in the EU.
2. The term should not be confused with refugees who stay in the transit area of an airport.
The body of customary international and EU law and instruments that establish standards for refugee protection. The cornerstone of refugee law is the Geneva Convention of 1951 and its Protocol of 1967.
Synonym(s): international refugee law
The recognition by a Member State of a third-country nationalor stateless personas a refugee.
Broader Term: international protection
Related Term: beneficiary for international protection, Convention refugee, withdrawal of refugee status
In the global context, a person who is not a refugee when they leave their country of origin, but who becomes a refugee, that is, acquires a well-founded fear of persecution, at a later date.
In the EU context, a person granted refugee status based on international protection needs which arose sur place, i.e. on account of events which took place after they left their country of origin.
Synonym(s): objective grounds for seeking asylum occurring after the applicant's departure from their country of origin
Refugees sur place may owe their fear of persecution to a coup d'état in their home country, or to the introduction or intensification of repressive or persecutory policies after their departure. A claim in this category may also be based on bona fide political activities, undertaken in the country of residence or refuge.
Source: Global context: UNHCR International Thesaurus of Refugee Terminology
EU context: Derived by EMN from Art. 5 of Directive 2011/95/EU(Recast Qualification Directive)
In the global context, refusal of entry of a person who does not fulfil all the entry conditions laid down in the national legislation of the country for which entry is requested.
In the EU context, refusal of entry of a third-country national at the external EU border because they do not fulfil all the entry conditions laid down in Art. 5(1) of Regulation (EC) No 562/2006 (Schengen Border Code) and do not belong to the categories of persons referred to in Art. 5(4) of that Regulation.
Related Term: border control, illegal entry, legal entry
Source: Global context: Developed by EMN
EU context: Derived by EMN from the definition for 'third-country nationals refused entry’ in Art. 2(q) of Regulation (EC) No 862/2007 (Migration Statistics Regulation)
A programme designed to enhance the capacity of non-EU countries in the regions from which many Refugees originate, or through which they pass in transit. Such a progamme aims to improve refugee protection through durable solutions(return, local integration and resettlement in a third country).
Broader Term: protection
Related Term: asylum, refugee
1. The first two regional protection programmes targeted Eastern Europe (in particular Belarus, the Republic of Moldova and Ukraine) as a region of transit and the African Great Lakes Region (particularly Tanzania) as a region of origin.
2. For further information, see the DG HOME website
Please see entry for legal migration
In the EU context, state procedure by which illegally staying third-country nationals are awarded a legal status.
Synonym(s): amnesty, amnesty (in the context of migration), legalisation
Please see entry for rejected applicant for international protection
A person covered by a first instance decision rejecting an application for international protection, including decisions considering applications as inadmissible or as unfounded and decisions under priority and accelerated procedures, taken by administrative or judicial bodies during the reference period.
Synonym(s): failed applicant, failed asylum seeker, rejected applicant
Related Terms: applicant for international protection, asylum seeker
The transfer of persons having a status defined by the Geneva Convention of 1951 or subsidiary protection within the meaning of Directive 2011/95/EU from the EU Member State which granted them international protection to another EU Member State where they will be granted similar protection, and of persons having applied for international protection from the EU Member State which is responsible for examining their application to another EU Member State where their applications for international protection will be examined.
Related Term: Convention refugee, person eligible for subsidiary protection, resettlement
Source:DG Home e-Library Glossary
To remain in the territory, including at the border or in transit zones, of the Member State in which the application for international protection has been made or is being examined.
In the global context, a cross-border person-to-person payment of relatively low value.
In an EU context, a financial transfer from a migrant to a beneficiary(ies) in the migrant's country of origin .
Related Term: circular migration
Source: Global context: World Bank: Committee on Payment and Settlement System – General principles for remittances, January 2007, p. 6
EU context: Footnote 7 of COM(2005) 390
The enforcement of the obligation to return, namely the physical transportation out of the country.
Narrower Term: removal order
Broader Term: compulsory return
Related Term: voluntary departure
Under EU legislation, removal is a specific form of compulsory (forced) return.
Please see entry for deportation
An administrative or judicial decision or act ordering a removal.
Synonym(s): deportation order
Broader Term: removal, return decision
Related Term: expulsion decision
For some Member States, a return decision and removal order may occur within one administrative or judicial act as provided for in their national legislation.
A third-country national who has been admitted to the territory of a Member State for a training period with remuneration in accordance with its national legislation.
Broader Term: trainee
Related Term: unremunerated trainee
The personal right of a refugee or a prisoner of war to return to their country of nationality under specific conditions laid down in various international instruments and human rights instruments as well as in customary international law.
1. This is not a synonym relating to compulsory (forced) return.
2. The option of repatriation is bestowed upon the individual personally and not upon the detaining power. In the law of international armed conflict, repatriation also entails the obligation of the detaining power to release eligible persons (soldiers and civilians) and the duty of the country of origin to receive its own nationals at the end of hostilities. Even if treaty law does not contain a general rule on this point, it is today readily accepted that the repatriation of prisoners of war and civil detainees has been consented to implicitly by the interested parties. Repatriation as a term also applies to diplomatic envoys and international officials in times of international crisis as well as expatriates and migrants.
3. Depending on the Member State, this term has different meanings/connotations: in PL, RO, NL, NO this refers specifically to repatriating their nationals back to PL, RO, NL, NO respectively. In ES, IE, IT, UK, it is often used in the context of returning third-country nationals to their country of origin. In EE, the term refers specifically to persons of Estonia or ethnic Estonians' resettlement to Estonia. In LV, the term refers specifically to the persons of Latvian or Livonian origin to resettle with permanent residence in Latvia. In PT, the term has no legal concept, being used more as a sociological term. It is commonly used to refer to Portuguese citizens that return to Portugal, including being forced to return.
4. The term should not be confused with 'voluntary repatriation' which is according to the UNHCR International Thesaurus of Refugee Terminology defined as follows: "Return to the country of origin on the basis of the freely expressed willingness of the refugees". The returns have to take place in conditions of safety, dignity and security. The principle of 'voluntariness' must be viewed in relation to both: conditions in the country of origin (calling for an informed decision) and the situation in the country of asylum (permitting a free choice). For more information, see UNHCR: Voluntary Repatriation: International Protection - handbook, 1996.
A person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in Directive 2013/32/EU with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary. Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of representative in respect of the unaccompanied minor.
Related Term: unaccompanied minor
In the EU migration context, a third-country national holding an appropriate higher education qualification, which gives access to doctoral programmes, who is selected by a research organisation for carrying out a research project for which the above qualification is normally required.
Related Term: school pupil, student, unremunerated trainee
Please see entry for resettled refugee
In the global context, a refugeewho is identified by the UNHCRand who is transferred from the country in which they have sought
to a third state which has agreed to admit them as refugees with permanent residence status.
In the EU context, a third-country nationalor stateless personwho, on a resettlementrequest from UNHCRbased on their need for international protection , are transferred from a third country to a Member State where they are permitted to reside with one of the following statuses:
Synonym(s): Programme refugee, quota refugee, resettled person
Related Term: refugee in transit, resettlement
1. It is the UNHCRthat, together with the relevant authorities in the State concerned, decides which refugees should be accepted; their refugee statusis established by the UNHCR and accepted by the State in advance of entering the State.
2. In some cases, national authorities assess in addition as to whether the person concerned is a refugee.
3. There are different terms used in Member States depending on different legal concepts. In some Member States such refugees are accepted as part of a yearly resettlement programme.
4. IE uses the term 'programme refugee' in a wider context than 'resettlement' and defines in Section 24 of the Irish Refugee Act, 1996 as follows: 'a person to whom leave to enter and remain in the State for temporary protection or resettlement as part of a group of persons has been given by the Government'.
Source: Global context: Derived by EMN from the glossary of the UNHCR Resettlement Handbook
EU context: Derived by EMN from Articles 3(1)(d) and 6(e) of Council Decision 573/2007/EC establishing the Refugee Fund
In the global context, the selection and transfer of Refugeesfrom a state in which they have sought
to a third state which has agreed to admit them as refugees with permanent residence status.
In the EU context, the transfer, on a request from the UNHCRand based on their need for international protection, of a third-country nationalor stateless person, from a third countryto a Member State, where they are permitted to reside with one of the following statuses:
Narrower Term: resettlement programme
Related Term: durable solution
1. The status provided ensures protection against refoulementand provides a resettled refugeeand their family or dependants with access to rights similar to those enjoyed by nationals. Resettlement also carries with it the opportunity to eventually become a naturalised citizen of the resettlement country. For this reason, resettlement is a as well as a tool for the protection of refugees.
2. This term should not be confused with 'relocation'.
Source: Global context: glossary of the UNHCR Resettlement Handbook
EU context: Derived by EMN from Art. 3(1)(d) of Decision 573/2007/EC establishing the Refugee Fund
In the global context, a coordinated activity undertaken in partnership with UNHCRand other NGOs that includes specific processes like the identification in the field of
in need of resettlement, to screening, processing, reception and
In the EU context, voluntary programmes by which Member States aim to provide international protection and a durable solution in their territories to refugees and displaced persons identified as eligible for resettlementby UNHCR, and which include actions that the Member States implement to assess the resettlement needs and transfer the persons concerned to their territories, with a view to granting them a secure legal status and to promoting their effective integration.
Broader Term: resettlement
Related Term: durable solutions
Source: Global context: Derived by EMN
EU context: Derived by EMN from Recital 18 of Decision 573/2007/EC establishing the European Refugee Fund
A document issued by the authorities of a Member State authorising a third-country national to stay in its territory, including the documents substantiating the authorisation to remain in the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the responsible Member State as established in Regulation (EU) No 604/2013 (Dublin III Regulation) or during examination of an application for asylum or an application for a residence permit.
Narrower Term: residence permit
Related Term: travel document, fraudulent travel or identity document, residende permit, work permit
Any authorisation issued by the authorities of an EU Member State allowing a non-EU national to stay legally in its territory, in accordance with the provisions of Regulation 265/2010 (Long Stay Visa Regulation).
Related Term: EU Blue Card, residence document, single permit, work permit
Source:DG HOME e-Library Glossary
The movement of a person going from a host countryback to a country of origin, country of nationalityor habitual residence usually after spending a significant period of time in the host country whether voluntary or forced, assisted or spontaneous.
Synonym(s): return migration
Narrower Term: compulsory return, Voluntary return
Related Term: readmission agreement, reintegration, returnee
1. The IOM definition covers all categories of return of migrants (return within the territorial boundaries of a country, as in the case of returning IDPs and demobilised combatants; or from a host country (either transit or destination) to the country of origin, as in the case of persons who have resided legally in a country, migrant workers , refugees, asylum seekers and qualified nationals; or the way the return is implemented, e.g. voluntary, forced, assisted and spontaneous return. It does not cover stays shorter than three months (such as holiday visits or business meetings and other visits typically considered to be for a period of time of less than three months).
2.In the context of Council Directive 2008/115/EU (Return Directive), ‘return’ as defined in Art. 3(3), is understood as return which occurs once a return decision has been issued. This glossary uses the term ‘compulsory return’ to describe ‘return’ as defined in the Return Directive.
An administrative or judicial decision or act, stating or declaring the stay of a third-country nationalto be illegal and imposing or stating an obligation to return.
Synonym(s): obligation to leave, obligation to return
Narrower Term: removal order
Broader Term: removal
Related Term: expulsion decision, enforcement measure, voluntary departure
For some Member States, a return decision and removal ordermay occur within one administrative or judicial act as provided for in their national legislation.
Please see entry for return
A person going from a host country back to a country of origin, country of nationality or habitual residence usually after spending a significant period of time in the host country whether voluntary or forced, assisted or spontaneous.
Related Term: return
The definition covers all categories of migrants (persons who have resided legally in a country as well as failed asylum seekers) and different ways the return is implemented (e.g. voluntary, forced, assisted and spontaneous). It does not cover stays shorter than three months (such as holiday visits or business meetings and other visits typically considered to be for a period of time of less than three months).
Source:EMN: Assisted Return and Migration Study, 2011 [939 KB]
Please see entry for brain gain
The right of the State, in virtue of its territorial sovereignty and in the exercise of its discretion, to allow a non-national to enter and reside, and to resist the exercise of jurisdiction by any State over that individual.
Synonym(s): right to grant asylum
Related Terms: right to asylum
1. In some States there are narrower or broader criteria than that laid down in the Geneva Convention of 28 July 1951 and its Protocol of 31 January 1967.
2. The IOM uses a generic term, in two senses: the right to grant asylum (a State may grant asylum in its territory to any person at its own discretion) and the right to be granted asylum either vis-à-vis the State in whose territory asylum is requested, or vis-à-vis the pursuing State.
The right to regularly reside in a given country, according to the migration law of that country.
Synonym(s): right to reside
In the EU context, the right of residence for EU citizens is covered by Council Directive 2004/38/EC (Free Movement Directive) which differentiates between the right of residence for up to three months (Art. 6) and the right of residence for more than three months (Art. 7). EEA and Swiss citizens enjoy the same rights as Union citizens within the European area of free movement.
Source: Developed by EMN
The right of a person to seek
, guaranteed with due respect by the rules of the Geneva Convention of 28 July 1951 and the Protocol of 31 January 1967 relating to the status of
and in accordance with TFEU.
Synonym(s): right to seek asylum
Related Terms: right of asylum
Refugeeshave no enforceable right in conventional international law to be granted asylum by a State. It is contested whether customary international law has embraced the individual right to asylum.
A principle enshrined in Arts. 7, 9 and 33 of the Charter of Fundamental Rights of the European Union and Art. 8 of the European Convention on Human Rights (ECHR).
Narrower Term: right to family unity
Related Term: chain migration, family formation, family reunification, family migration
There is a distinction between the right to family life and the right to family unity. The right to family life is a fundamental right enshrined in the Charter of Fundamental Rights of the European Union. The right to family unity relates more to the purpose and procedural aspects of entry and stay for the purpose of reuniting a family.
In the context of a refugee, a right provisioned in Art. 23 of Directive 2011/95/EU and in Art. 12 of Directive 2013/33/EU obliging Member States to ensure that family unity can be maintained.
Synonym(s): principle of family unity
Narrower Term: family reunification
Related Term: chain migration, family formation, family migration
There is a distinction between the right to family unity and the right to family life. The right to family unity relates more to the purpose and procedural aspects of entry and stay for the purpose of reuniting a family, in order to meet the fundamental rights enshrined in the Charter of Fundamental Rights of the European Union.
The right of EU citizens and legally resident
(in accordance with the Treaty establishing the European Community) to move and reside freely within the territory of the Member States.
Synonym(s): freedom of movement
Related Term: Intra-EU mobility
1. The right to free movement is one of the basic rights of EU citizens which was initially one of the founding rights in the establishment of the European Union and enshrined in Art. 21(1) of TFEU; it has been developed by EU secondary legislation and the case law of the Court of Justice.
2. Free movement of workers also applies to the countries in the European Economic Area (IS, LI, NO) and to CH.
3. The provisions of the treaties in relation to freedom of movement apply in the same way to the ten Member States that joined the EU in 2004, BG and RO that joined in January 2007 and Croatia, which joined in July 2013. Some of the original EU Member States (before May 2004) apply transitional agreements that currently restrict freedom of movement to workers for a certain time period (see the description of freedom of movement on the European Citizens' Information website).
4. Freedom of movement and residence are granted, in accordance with the Treaty establishing the European Community, only for certain categories of third-country nationals, i.e. long-term residents, highly-skilled workers, researchers and students. Whilst third-country nationals who hold a valid residence permit or visa have the right to move freely within the Schengen area for up to three months within a six-month period, the rights in relation to taking up residence for a period exceeding three months in another Member State is covered by specific legal instruments, depending on their status, and subject to conditions in national legislation.
Please see entry for right of asylum
Please see entry for right of residence
Please see entry for right to asylum
In the EU context, existence of reasons in an individual case which are based on objective criteria defined by law to believe that a
who is subject to return procedures may abscond.
Broader Term: absconding
This covers one type of absconding.
Please see entry for Group of Eight Roma-Lyon Group, Migration Experts Sub-Group