Access to the Asylum Procedure EUNAVFOR MED Operation

Access to the Asylum Procedure EUNAVFOR MED - Operation Sophia Training Package 2 27 th October 2017

EASO European Asylum Support Office …European centre of expertise on asylum, responsible for facilitating, coordinating and strengthening practical cooperation among Member States… permanent support thirdcountries EU Regulation 439/2010 information and analysis support hotspots and relocation tailor-made support emergency support

Some of the EASO support tools Training Curriculum Practical tools Training Operational Training Guidance Information

EASO Training Curriculum • • • Professional training curriculum for asylum officials in the EU Based on EU-acquis and international refugee law Interactive modules – covering all stages of the asylum procedure Regularly updated and further developed Blended learning methodology (online + face to face)

EASO TRAINING CURRICULUM Core Modules • Inclusion • Interview Techniques • Evidence Assessment Modules focusing on Persons with Special Needs • Interviewing Vulnerable Persons • Interviewing Children • Gender, Gender Identity and Sexual Orientation • Trafficking in Human Beings In-depth knowledge • Inclusion Advanced • Reception • Dublin III Regulation • Asylum Procedures Directive • Country of Origin Information • Exclusion • End of Protection • Resettlement Horizontal Modules • CEAS • Introduction to International Protection • Fundamental Rights and International Protection in the EU Modules targeting a specific audience • Module for Interpreters • Module for Managers

Progress in the implementation of the EASO Training Curriculum 20 EASO Train-the. Trainers' sessions Q 1 – Q 3 2017 251 EASO national training sessions 330 trainers trained 4392 participants registered 4722 participants in EASO Training Curriculum Q 1 -Q 3 2017 Total number of sessions and participants in EASO Training Curriculum (2012 - Q 3 2017) 500 3886 300 75% 1234 + 31% 2158 + 2819 8% 4722 4% +4 4000 4333 Q 1 -Q 3 2017 +3 3000 2000 1000 0 0 2012 2013 UE 28 + NO + CH 2014 2015 2016 External Dimension and other 2012 – Q 3 2017 5000 Number of participants Number of sessions 400 200 6000 5599 Q 1 -Q 3 2017 Sessions • • • 118 Train-the-Trainers’ sessions 1501 trainers trained by EASO 1 287 national training sessions 18 919 participants in national training 20 420 participations in total

EASO Operational Training Operational trainings delivered in Greece, Italy, Cyprus and Bulgaria In 2017, in Greece (as on mid-Oct) 0 50 Coaching Training in EASO module 200 250 206 17 6% EASO deployed experts 4% 26% 24 Training in EASO core modules RIS pilot training on the IPSN 150 98 Operational training Train-the-trainers session for interpreters 100 EASO deployed interpreters EASO interim case workers 50 18 35% persons trained 4% EASO interim case workers + EASO deployed experts Legal assistant rapporteur 24% Staff of RIS in Greek hotspots

EASO Operational Training In 2017, in Italy (as on mid-Oct) 0 100 Operational training 300 400 500 600 194 Frontex Briefing Training in EASO module 200 522 17 2% 10% 12% EASO deployed experts 2% EASO staff and EASO interim case workers persons trained Frontex deployed experts Reception officials Libyan Coast and Navy 73%

What is your role as a border guard?

Your experience with mixed migration flows

Access to the Asylum Procedure

Contents Introduction to Identification of international protection from the perspective of first-contact officials persons who may wish to make an application for international protection Provision of information about the Referral to the possibility to apply for international protection competent authority under national law

Learning outcomes • Outline the key legal obligations related to access to the asylum procedure • Identify persons who may wish to make an application for international protection • Identify persons with special needs and ensure that appropriate assistance is given

Introduction to international protection from the perspective of first-contact officials

International protection in the context of mixed migration flows persons who might be in need of IP applicants for IP beneficiaries of IP

Fundamental Rights • Universal Declaration of Human Rights • Charter of the Organisation of African Unity OAU Convention governing the specific aspects of refugee problems in Africa International instruments Regional instruments National instruments • • National legislation (New Libyan Constitution)

Human dignity Protection from refoulement Right to life Right to Rightasylum to asylum Prohibition of torture, inhumane and degrading treatment Right to liberty and security

Article 14 UDRH Everyone has the right to seek and to enjoy in other countries asylum from persecution. Right to asylum National Legislation Definition of refugee OAU Convention

Non-refoulement • The principle of non-refoulement is protected in several international instruments. • The obligation of States to refrain from expelling or returning any individual in any manner to the frontiers of territories or to any place where they may face persecution as well as inhumane or degrading treatment or punishment, including torture, even if they are in an irregular migratory situation • Article 2(3) of the OAU Convention reaffirms that ‘no person shall be subjected by a MS to measures such as rejection at the frontier, return or expulsion, which would compel him to return to or remain in a territory where his life, physical integrity or liberty would be threatened. ’

Non-refoulement States shall refrain from expelling or returning in any manner whatsoever to the frontiers/territory where the person may face persecution, torture or other inhuman or degrading treatment or punishment. It applies to any form of forcible removal, incl. nonadmission at the border. It applies to everyone, incl. those in irregular migratory situation. It includes indirect refoulement: sufficient guarantees are needed that the person would be readmitted, have the possibility to seek and enjoy asylum and be treated in accordance with int’l standards.

International protection in the context of mixed migration flows persons who might be in need of IP applicants for IP beneficiaries of IP

Article 1(1) of OAU Convention ‘For the purpose of this Convention, the term ‘refugee’ shall mean every person …’ Who can apply for asylum? Everyone can be a refugee regardless of their country of origin, ethnicity, appearance or behaviour. Ø Irregular entry/stay should not be penalised, provided that the person present him/her-self without delay to the authorities and show good cause for him/her-self illegal entry or presence Ø The lack of documents on entry or the use of forged documents should not per se entail an automatic recourse to border or accelerated procedures

What does it mean to be an applicant? • right to remain in the territory of the State (not to be refouled); • the obligation of the applicant to cooperate with the national authorities/agency dealing with assessing whether he/she in need of asylum; • obligation to respect the law and customs of the host country; • the obligation of the State to identify whether the applicant is vulnerable; • the obligation of the State to provide basic needs.

EU Asylum route Access to the procedure

International protection in the context of mixed migration flows persons who might be in need of IP applicants for IP beneficiaries of IP

refugee status Who is a refugee? outside the country of origin well-founded fear of persecution for reasons of: • race • religion • nationality • political opinion • membership of a particular social group no protection in the country of origin not excluded

Is it the task of the first-contact official to determine if the person is in need of asylum? Ø No. Ø Your duty is to guarantee effective access to the asylum procedure to persons who may wish to apply for international protection.

What is the role of the border guard in the access to the asylum procedure? Obligation to proactively ensure respect for the principle of nonrefoulement As first contact officials, the border guards may be crucial for getting access to the territory of a country and eventually to international protection. It is therefore important that first contact officials proactively identify people who may want to seek international protection and refer them accordingly.

Identification of persons who may wish to make an asylum application

Observe Be an active listener Do not discriminate Use an appropriate communication style Pay attention to vulnerabilities Be openminded

Observe Pay close attention to everything around you Look for indications Pay close attention to body language

Pay attention to vulnerabilities Record vulnerability Adjust your approach, language and communication style Ensure necessary medical and/or other adequate assistance

Be open-minded Avoid categorizing people

Be an active listener Listen with genuine interest Encourage the person to speak Make sure that the person in front of you understands

Use an appropriate communication style Be sensitive to personal situation Use appropriate language that the person is able to understand Ensure confidentiality Let the person speak freely

Provision of information about the possibility to apply for asylum

basic rights and obligations of the person how to make and/or lodge an application Verbally, leaflet, audiovisual presentation “The … is the responsible authority in … to receive applications for protection. You have the right to apply for protection in. . . If you cannot go back to your country and you need protection in …, you must apply for this protection by going in person to the …. , at …, from Monday to Friday, between 08: 00 am to 12: 30 pm. Please be informed that when you visit the …, you will be provided with information about the asylum procedure in … and you can be assisted to fill up a registration form to apply for protection. ”

Referral to the competent authority under national law

EASO Practical Tools for First Contact Officials

Practical Guide FAQ Booklet x 12 Pocket book x 10 Poster x 2

Practical Tools for First Contact Officials: Access to the Asylum Procedure q Developed jointly with FRONTEX q Working Group including national asylum and border guard experts q Close collaboration with UNHCR and FRA q April – November 2015 q Available in EN – publication in additional EU languages

Key areas of applicability q external land borders q sea borders q international airports q detention facilities q hotspots Target group: police, border guards, immigration authorities and personnel of detention facilities, other possible actors in firstcontact context

Aim and scope of the tools ○ Facilitating first-contact officials in their crucial role guaranteeing effective access to the asylum procedure. ○ information on core responsibilities ○ information on the rights of persons who may wish to apply for international protection ○ recognising potential applicants ○ what to do next when a person may wish to apply ○ what to do if a person who may have protection needs does not wish to apply

MAIN MESSAGES: ACCESS TO THE ASYLUM PROCEDURE

‘Anyone can be a refugee’ en- B p eo ed. nd mi

Everyone is entitled to protection against refoulement refrain from expelling or returning in any manner whatsoever to the frontiers/territory where the person may face persecution, torture or other inhuman or degrading treatment or punishment

Identify vulnerable persons

Best interest of the child

Provide information about the right to apply basic rights and obligations of the person how to make and/or lodge an application

Everyone has the right to apply human dignity nondiscrimination right to life Fundamental rights right to asylum prohibition of torture nonrefoulement

Be open minded Pay attention

Applicants must not be penalised due to illegal/irregular entry Article 2(3) of the OAU Convention reaffirms that ‘no person shall be subjected by a MS to measures such as rejection at the frontier, return or expulsion, which would compel him to return to or remain in a territory where his life, physical integrity or liberty would be threatened. ’

Registration 43, 133 registered refugees and asylum-seekers in Libya

Principle of nonrefoulement mixed migration flows persons who might be in need of IP applicants for IP beneficiaries of IP

EASO TOOL FOR IDENTIFICATION OF PERSONS WITH SPECIAL NEEDS (IPSN)

IPSN Tool q individual identification and response q in line with APD recast and RCD recast q fully interactive online tool q publicly available q printable/saveable results q developed in broad consultation q to be available in different languages

Additional information www. easo. europa. eu Access to procedure: http: //easo. europa. eu/accesstoprocedure Identification of special needs: https: //ipsn. easo. europa. eu

Thank you for your attention