EU developments and updates

On 19-20 October the European Union Agency for Asylum (formerly the European Asylum Support Office – EASO), held a workshop on detention of applicants for international protection in the context of the Common European Asylum System. The workshop, which gathered 15 judges from different EU Member States, was part of EUAA’s Professional Development Series, developed in cooperation with members of courts and tribunals from across the EU. It focused on the legal framework pertaining to detention and related key issues.

In November 2021 the European Union Agency for Asylum published trends on the topic of asylum. About 71 400 applications for international protection were lodged in the EU+ during November 2021, the second highest number recorded since 2016. Of this total, Syrians made the most applications while Afghans followed with the second highest number. Persons from Iraq, Venezuela, Pakistan, and Colombia also accounted for a significant number of applications, contributing to the overall increase in November. To view the data and key findings for November 2021, visit the EUAA website.

National developments

Belgium: An increase in the number of asylum applications and lengthy asylum procedures has resulted in reception centres coming under pressure. In response to the situation, Belgian authorities signed an agreement with EUAA to deliver 150 housing containers and make available 46 reception experts, including 25 interpreters.

Addressing the increase in asylum applications from Albania, the Belgian State Secretary for Asylum and Migration visited the country in October 2021 to initiate steps to reduce irregular migration. In November 2021, an awareness-raising campaign was launched to reduce irregular migration and increase awareness of local development initiatives and channels for regular migration.

Bulgaria: The Council of Ministers introduced Decision № 633/26.08.2021 to provide support and protection for up to 70 citizens of Afghanistan. So far 50 people have been evacuated and admitted to Bulgaria in three groups under a procedure for international protection and have been granted refugee status.

Croatia: The “Resettle in Croatia” application was developed by the Ministry of the Interior of the Republic of Croatia as part of the project "Establishment of a resettlement mechanism", co-financed by the AMIF. The application was created with the aim of providing faster and easier access to information and guidelines for persons who arrive in the Republic of Croatia under a resettlement programme, and who are granted international protection upon arrival.

Cyprus: In October 2021 a new accommodation centre ‘Limnes’, with a capacity for 800 residents, began operating in the area of Mennoyia, the second accommodation centre in Cyprus.

The arrival of Pope Francis on 2 December 2021, included discussions and meetings with migrant communities. As a gesture of solidarity and support for migrants, the relocation of 50 asylum applicants was agreed between the Vatican and the Republic of Cyprus, prior to the Pope’s official visit. Following the visit, 14 asylum applicants relocated to the Vatican in December 2021.

In the same month, the development of a Reception Strategy for Cyprus was finalised with the support of the EUAA Nicosia Office and the EUAA Reception Team. Representatives from the Cypriot Asylum Service, Social Welfare Services, the Civil Registry and Migration Department, the European Funds Unit, and other stakeholders participated in a series of workshops, resulting in the draft Reception Strategy.

Estonia: In November, two evacuated Afghan nationals arrived in Estonia, and will go through international protection proceeding. The 14 Afghan nationals who arrived in Estonia in August have now been granted international protection in Estonia. In total 16 evacuated Afghan nationals have arrived in Estonia since August 2021. 

Finland: The Finnish Immigration Service will have central responsibility for preparedness planning concerning the organisation of reception services in the event of large-scale influx of migrants following an amendment to the Reception Act. The Act will enter into force on 1 January 2022.

The Finnish Immigration Service has drawn up new guidelines for decisions concerning Afghan citizens’ asylum and residence permit applications.

France: By a decision of 19 November 2021 the Council of State decided to keep Armenia and Georgia on the list of safe countries of origin (the request for revision of the list was filed by associations) since they considered that the situation had stabilised in Armenia and that the tensions in Georgia were not serious enough to modify the list.

Law No. 2021-1900 of 30 December  2021 on the budget for 2022 provides for the creation of 800 places in temporary accommodation centers, dedicated to the accommodation of beneficiaries of international protection with specific reinforced support needs.

Germany: The evacuation operation of local support staff from Afghanistan ended on 31 August 2021. The debate continued about how to proceed with German citizens remaining in Afghanistan and former local support staff who are eligible for entry and stay in Germany but are unable to come. Germany is willing to admit a total of 25 000 people (article in German), including those evacuated already, and those eligible but who have not yet come to Germany.

Greece: By Law 4825/2021 and with the aim to speed up the return procedures, a) specific provisions of the legislation on return decisions were amended in order to regulate issues that arise during the implementation of return and deportation process of third-country nationals residing illegally in the country, and to limit any abuses related to the option of extending the deadline for voluntary departure, b) registered partners were included to the category of family members of beneficiaries, when the family is formed after the entry in Greece, c)  the duration of the applicant’s card was extended from six (6) to twelve (12) months. Statistical data: the pending cases of the Asylum Service and of Appeals Authority (first and second instance) and the total of asylum applicants residing in all facilities under the management of the Ministry of Migration and Asylum have been decreased about 50% comparing to December 2020. The pending applications on first and second instance reach 40.114 in total, when in December 2020 they were 79.986. UNHCR’s cash assistance program concluded on 30.9.21, so the Ministry of Migration and Asylum is responsible for the management of the program which covers the asylum seekers’ basic needs.

Ireland: On 14 December 2021 the Department of Justice confirmed that the Afghan Admission Programme would open for applications on Thursday 16 December 2021.

Italy: Applications for international protection submitted by Afghan evacuees, have been formalised and the relative examination procedures initiated. The first hearing of applicants took place at the Territorial Commissions for the recognition of international protection.

To meet the exceptional reception needs of asylum seekers from Afghanistan, two main legislative developments have been envisaged:

• Decree Law no.139, on 8 October 2021 provided for an increase of the National Fund for Asylum Policies and Services to allow for the activation of an additional 3 000 places in the Reception and Integration System (SAI). By virtue of the abovementioned provision, on 21 December 2021 a decree of the Minister of the Interior was adopted to finance 2 277 places within 113 active SAI projects. The procedure for financing the remaining 723 places is pending;
• Law no. 234 dated 30 December 2021 (concerning the state budget for the financial year 2022 and multiannual budget for the three-year period 2022-2024) provided for an increase of EUR 29 981 100 in the allocation to the National Fund for Asylum Policies and Services for each of the years 2022, 2023, 2024 to allow for the activation of an additional 2 000 places in the Reception and Integration System (SAI). During the reporting period, a total of 84 Afghans arrived in Italy, organised via operations by the Italian Ministry of Defence.

On 4 November 2021 a Memorandum of Understanding was signed between the Ministry of Interior, the Ministry of Foreign Affairs and International Cooperation, UNHCR, IOM, NIHMP and civil society organisations for the opening of a legal entry channel for Afghan nationals in need of international protection, through activation of humanitarian-evacuation corridors from Pakistan and Iran.

The Ministry of Interior has issued an Administrative circular to all Prefectures in charge of the Centres of Permanence for Repatriation, aimed at improving the quality of life of detained people, from a psychological and social point of view, through the stipulation of protocols with the National Health Service. 

Latvia: On 2 November 2021 Cabinet Regulation No. 727, concerning the asylum seeker’s personal identity documents was adopted. The regulation determines tof the asylum applicant and the procedures for the issuance of the document by the State Border Guard. State Border Guards will continue to issue asylum applicants’ identity documents; however, in cases where the asylum applicant wishes to be employed, the foreigner’s identity document will be issued by the Office of Citizenship and Migration Affairs, once it has determined that the legal conditions for granting the asylum applicant the right to employment without restrictions have been satisfied.

Lithuania: On 8 October 2021 the Migration Department reported that all Afghan nationals evacuated from Afghanistan to Lithuania in August 2021 received asylum. Due to the uncertain and unstable situation in Afghanistan, on 29 November 2021 the Migration Department issued temporary residence permits on humanitarian grounds to Afghan nationals who have not been granted asylum in Lithuania and cannot return to their country of origin, having come to Lithuania irregularly from Belarus.

On 28 October 2021 Lithuania relocated 12 Eritrean and Sudanese asylum applicants from Italy. Since 2015, the authorities have relocated and resettled 711 persons to Lithuania. 

On 8 December 2021 the Migration Department announced that it processed all 3 272 asylum requests by migrants who crossed irregularly into Lithuania from Belarus, granting asylum to a total of 54 applicants from Afghanistan, Eritrea, Iraq, Syria and Yemen. On 30 December 2021, according to the Vilnius Regional Administrative Court, 698 of the 3 272 Migration Department’s decisions were appealed by asylum applicants.

On 23 December 2021 the Parliament approved amendments to the Law on the Legal Status of Foreigners clarifying asylum applicants’ and irregular migrants’ rights during an extreme situation and setting the rules for the provision of humanitarian aid.

Luxembourg: The Minister for Foreign and European Affairs, Jean Asselborn, announced on the 7 October that Luxembourg, in cooperation with its European partners, evacuated more than 40 people from Afghanistan. In addition, Luxembourg was processing the admission of 30 more people and was ready to receive 50 additional Afghan nationals at risk. The focus was on family reunification. Full statement can be found in the Luxembourg Government website.

Malta: In March 2021, the Maltese authorities received the following EU pilots on the compatibility of national implementing provisions with European Union Law:

• EU Pilot 9864/2021/HOME on the compatibility of the national implementing measures with the provisions of Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection and with the provisions of Directive 2013/33/EU on laying down standards for the reception of applicants for international protection; and
• EU Pilot 9884/2021/HOME on the compatibility of the national implementing measures with the provisions of Directive 2013/32/EU on common procedures for granting and withdrawing international protection (recast).

In view of this, the Maltese authorities have drafted various amendments to transpose in a more accurate manner the provisions of EU directives mentioned by the Commission in the abovementioned EU pilots.  These amendments consist in the following:

• Amendments to the International Protection Act (Cap 420). These amendments are currently at second reading stage in Parliament;
• Amendments to the Procedural Standards for Granting and Withdrawing International Protection Regulations (S.L 420.07). These amendments were published on 24^th December 2021; and
• Amendments to the Reception Conditions of Asylum Seekers Regulations (S.L 420.06). These amendments were published on 24^th December 2021.

The Netherlands: On 12 October 2021, 46 Afghan nationals were evacuated from Kabul to Islamabad with the Netherlands as a final destination. The evacuation was organised by the Netherlands with the support of the Pakistani authorities. Evacuees received shelter and support in cooperation with the International Organization for Migration (IOM). Full news article is available on the Government website.

Throughout November 2021, there were several updates in relation to international protection and asylum:

• The Association of Dutch Municipalities (VNG) opened a helpdesk for municipalities, providing advice regarding asylum reception centres and housing for resident permit holders.
• The Minister for Migration announced the shortening of the list of safe countries of origin. A total of 12 countries were removed from the list. This is because there is little or no influx of migrants from these countries and therefore their designation as safe countries of origin had no substantive value.
• The decision and departure moratorium regarding applicants for international protection who resided in the Tigray area before leaving Ethiopia, as well as ethnic Tigrayans from other regions in Ethiopia was terminated.
• The Ministers of Justice and Internal Affairs wrote a letter to parliament to update them on the search for additional reception capacity and the process to expedite permanent housing for resident permit holders. In the following month, the government instructed emergency reception centres to be set up at short notice in three municipalities and one region.

Portugal: Between October and December 2021 the IOM Portugal provided support to 143 refugees: 18 relocated people from Italy (originally from Togo, Ivory Coast, Guinea, and Cameroon), 43 people relocated from Greece (originally from Afghanistan), and 82 resettlements (from Egypt and Turkey).

Slovenia: In November 2021 an act amending the International Protection Act became applicable and corresponding bylaws came into force. The number of asylum applications continued to be very high, while the vast majority of applicants continued to abscond. There was an increase of applications from nationals of Middle-African countries and Cuba. The list of bylaws is available on the PIS Legal Information System website.

Spain: Through the framework of Spain’s National Resettlement Programme, 116 people (including 40 minors) from Afghanistan, Iran, Iraq, Jordan, coming from Lebanon, Syria and Turkey were resettled on the 15 December 2021.

The National Refugee Resettlement Programme in Spain for the year 2022 was approved. It establishes the reception of up to 1 200 refugees over the next year. The Ministry of Inclusion will host 658 people resettled during the first quarter of 2022.

The Royal Decree 882/2021 of 11 October 2021 regulated the direct provision of grants to  NGOs until the 31 December 2022 to finance the National Reception System for Applicants and Beneficiaries of International Protection and the provision of health and social care in the migration centres of Ceuta and Melilla. 

Sweden: On 30 November 2021 the Swedish Migration Agency adopted a new judicial position on Afghanistan based on the country guidance of the EUAA. In connection with the new judicial position, the previous decisions by the Migration Agency on suspending the enforcement of returns and asylum decisions were withdrawn.

Georgia: During October-December 2021 several trainings for various target groups were held by the Ministry of Internal Affairs (MIA) in cooperation with the United Nations High Commissioner for Refugees (UNHCR): the representatives of the Ministry of IDPs from the Occupied Territories, Labour, Health and Social Affairs (MOH) were trained on the implementation of the asylum procedure; the staff of the Border as well as Patrol Police was trained on identification and referral of the asylum seeker; and the awareness raising session was held for the media representatives on migration and asylum issues. 

Judgement of the European Court of Justice

Judgment in Case C-821/19 Commission v Hungary (Criminalisation of assistance to asylum seekers): In 2018, Hungary amended laws concerning measures against illegal immigration and enacted provisions which, for example, widened the grounds for not admitting an application for international protection. Considering that Hungary failed to fulfil its obligations under the asylum ‘procedures’ and ‘reception’ directives, the European Commission brought an action for failure to fulfil obligations before the Court of Justice. The Court, sitting as the Grand Chamber, has upheld for the most part the Commission’s action.

Judgment in Case C-91/20 Bundesrepublik Deutschland: LW, a Tunisian national, was born in Germany in 2017 to a Tunisian mother whose application for asylum was unsuccessful, and a Syrian father with refugee status since 2015. The asylum application submitted on behalf of LW was rejected by decision of the German Federal Office for Migration and Refugees (BAMF - Bundesamt für Migration und Flüchtlinge). The court stated that LW could enjoy protection in Tunisia, a country of which she is a national. However, LW fulfils the conditions laid down by national law for recognition, as a derived right and for maintaining family unity in the context of asylum. After being consulted, the Court ruled that “The Common European Asylum System does not, in principle, preclude a Member State from automatically extending, as a derived right and for the purposes of maintaining family unity, refugee status to the minor child of a parent who has been granted that status.”