Secondary movements of beneficiaries of international protection (EMN Inform)

How do Member States regulate the mobility and residence of persons already granted international protection status in another Member State? What are the applicable rules for transfer of responsibility of a beneficiary of international protection?
 

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This inform examines how Member States have regulated the transfer of responsibility for a beneficiary of international protection from the first State to the second State. It also explores the situation where beneficiaries of international protection, already recognised in a first State, lodge applications for international protection in a second State.

The inform covers all persons with either a refugee status or subsidiary protection who are legally present in a second State because they have obtained, or are in the process of obtaining, a valid residence permit, or have made a further application for international protection.

Under the current EU and international legal framework, several options exist for beneficiaries of international protection to travel and reside in another Member State. However, EU law does not regulate the transfer of responsibility for beneficiaries of international protection. At the national level, Member States apply different legal bases, including (i) the European Agreement on Transfer of Responsibility for Refugees (EATRR), (ii) national legislation and/or (iii) bilateral agreements, for the transfer of responsibility of beneficiaries of international protection.

The main challenge encountered by Member States related to secondary movements is the lack of a uniform legal base. The fragmentation of the legal and policy framework can negatively impact applicants, as different regulations and practices apply at national level.

Publication Date:
Thu 08 Sep 2022
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