Common European Asylum System and UN Global Compact on Refugees

The Common European Asylum System and the UN Global Compact on Refugees and for Safe, Orderly and Regular Migration Overview - Complementarity (and friction) between Global Compacts & existing obligations within EU law / Common European Asylum System 1. Fundamental rights as primary law 2. The role of the 1951 Refugee Convention and International Human Rights Law within the Common European Asylum System 3. Non-regression / non-discrimination / Rule of Law - Rationale for a Handbook 1. Divergence between law & practice 2. Reform efforts 3. 'Whole-of-society' approach 4. Refugee & migrant agency & participation - Practical instances where Compacts can improve rights protection EU Asylum Law & the Common European Asylum System Article 78 TFEU: 1951 Refugee Convention + International Human Rights Law + Charter of Fundamental Rights + ECHR Potential deprivation of liberty / detention: 1. TCN applies for international protection 2. Dublin III Regulation:  Which EUMS is to assume responsibility to examine the application? 3. Reception Conditions Directive:  What are arrangements in place? Applicable entitlements? 4. Procedures Directive & Qualification Directive:  How will the application be assessed and against which standards? 5. If eligible for protection [RS/SP]:  Entitlements determined by Qualification Directive Interpreting the CEAS in light of the Compacts - Compacts articulate the entitlement of all refugees and migrants to the full range of human rights - Guided by principles of non-discrimination, non- regression, respect for the rule of law and human rights - Handbook outlines a Compact-compliant interpretation of the CEAS - Focus on both the GCR and the GCM to cover all stages of the asylum process regardless of outcome The Dublin III Regulation Transfers Article 29 Modalities and time limits [1.] The transfer of the applicant or of another person as referred to in Article 18(1)(c) or (d) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within six months of acceptance of the request by another Member State to take charge or to take back the person concerned or of the final decision on an appeal or review where there is a suspensive effect in accordance with Article 27(3). The Global Compact on Refugees [32.] While contributions to burden- and responsibility-sharing by the international community as a whole go beyond funding, the mobilization of timely, predictable, adequate and sustainable public and private funding nonetheless is key to the successful implementation of the global compact, bearing in mind the interest of all relevant stakeholders in maximizing the effective and efficient use of resources, preventing fraud and ensuring transparency. Through the arrangements set out above, and other related channels, resources will be made available to countries faced with large-scale refugee situations relative to their capacity, both new and protracted, including through efforts to expand the support base beyond traditional donors. [34.] Responses are most effective when they actively and meaningfully engage those they are intended to protect and assist. Relevant actors will, wherever possible, continue to develop and support consultative processes that enable refugees and host community members to assist in designing appropriate, accessible and inclusive responses. States and relevant stakeholders will explore how best to include refugees and members of host communities, particularly women, youth, and persons with disabilities, in key forums and processes, as well as diaspora, where relevant. Mechanisms to receive complaints, and investigate and prevent fraud, abuse and corruption help to ensure accountability. Towards a Compact-compliant interpretation of Dublin Article 17 Discretionary clauses [1]. By way of derogation from Article 3(1), each Member State may decide to examine an application for international protection lodged with it by a third-country national or a stateless person, even if such examination is not its responsibility under the criteria laid down in this Regulation. Article 5 Personal interview [1]. In order to facilitate the process of determining the Member State responsible, the determining Member State shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 4 The Reception Conditions Directive Article 17 General rules on material reception conditions and health care [1]. Member States shall ensure that material reception conditions are available to applicants when they make their application for international protection. [2]. Member States shall ensure that material reception conditions provide an adequa standard of living for applicants, which guarantees their subsistence and protects the physical and mental health. Registration And Documentation [58]. Registration and identification of refugees is key for people concerned, as well as for States to know who has arrived, and facilitates access to basic assistance and protection, including for those with specific needs. It is also an important tool in ensuring the integrity of refugee protection systems and preventing and combating fraud, corruption and crime including trafficking in persons. Registration is no less important for solutions. In sup- port of concerned countries, UNHCR, in conjunction with States and relevant stakeholders, will contribute resources and expertise to strengthen national capacity for individual registration and documentation, including for women and girls, regardless of marital status, upon request. This will include support for digitalization, biometrics and other relevant technology, as well as the collection, use and sharing of quality registration data, dis- aggregated by age, gender, disability, and diversity, in line with relevant data protection and privacy principles. The Qualification Directive [(f)] 'person eligible for subsidiary protection' means a third- country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm as defined in Article 15, and to whom Article 17(1) and (2) does not apply, and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country;