Ad Hoc Query on reception of applicants for international protection

Upon Sweden's request, this ad hoc query examines the measures taken in the EMN Member Countries in the context of Article 7.1 of Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast).

Background:

In Sweden, a government commission has been tasked with investigating some aspects of the reception of applicants for international protection, particularly, measures to ensure that applicants for international protection live in designated housing and remain available to the authorities. In particular, the investigation focuses on an obligation to reside in an assigned area in accordance with article 7.1 of the Directive (2013/33/EU) of the European Parliament and of the Council laying down standards for the reception of applicants for international protection (recast), and to report to the authorities. Such measures considered by the investigation would, as a rule, apply to all applicants for international protection and might also be imposed on persons whose application for international protection has been rejected in a final decision. Thus, the legislative solutions and practices implemented by the Member States already applying such measures are of particular interest.

Respondents:

24 EMN Member Countries answered this ad hoc query (including BE).

Findings:

A preliminary analysis of the results of the ad hoc query shows that:

  • Except for six countries, most respondents indicated that applicants are required to report to the authorities or appear in person to ensure compliance with the assigned housing or to keep the authorities informed of their location. In most cases, this obligation entails providing information or making requests regarding temporary absences from the reception centre, as well as communicating their residential address and any changes to it. Four respondents stated that they only foresee a reporting obligation in the context of alternatives to detention.
     
  • In various countries, persons whose application for international protection has been rejected in a final decision may be invited to live in designated housing, at least for a period of time. It may be a temporary accommodation where rejected applicants can organise and prepare for voluntary return. It may also be an emergency accommodation where rejected applicants who are homeless and in a situation of (medical, social or psychological) distress can be admitted.
     
  • While in SE, families with children are not obligated to live in designated housing or to reside in an assigned area, nearly all other respondent countries indicated that there are no special arrangements for families with children. However, in situations requiring detention, families with children may be offered alternatives to detention, including for example the possibility of living in "open community-based family units" in BE.

For further information, please read the compilation of answers above.

Publication Date:
Wed 29 Nov 2023
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