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Minimum standards for procedures for granting and withdrawing refugee status
Minimum standards for procedures for granting and withdrawing refugee status
Minimum standards for procedures for granting and withdrawing refugee status
This summary has been archived and will not be updated. See
'Процедури за убежище на Европейския съюз'
for an updated information about the subject.
Minimum standards for procedures for granting and withdrawing refugee status
This directive lays down minimum standards for the procedures for granting and withdrawing refugee status in order to reduce the disparities between national examining procedures and to safeguard the quality of decision-making in European Union (EU) countries.
ACT
Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status.
SUMMARY
The directive is applicable to all applications for asylum * made on the territory of European Union (EU) countries, including borders, or in a transit zone. However, it does not apply to Denmark, which has opted out of EU justice and home affairs policy altogether.
EU countries are obliged to apply this directive to the procedures for handling applications for asylum based on the Geneva Convention *. If, within the framework of their asylum procedures, EU countries also examine the applicant’s qualification for any other type of international protection, they must apply this directive to the entire procedure. In addition, they may apply it to the procedures for handling applications for any other types of international protection.
Basic guarantees
An application for asylum may not be refused solely on the grounds that it was not made as soon as possible. Moreover, EU countries must ensure that applications are examined individually, objectively and impartially.
Applicants shall be entitled to remain in the country while their application is pending.
Furthermore, EU countries must ensure that applicants:
The following additional guarantees apply, subject to some conditions, in the case of unaccompanied minors *:
Obligations
EU countries may impose obligations on applicants for asylum to cooperate with the national authorities. In particular, they may provide that the applicants must:
Examination procedure
In general, decisions on applications are taken by the determining authority designated by EU countries. The personnel of such an authority must have knowledge of the relevant standards of asylum and refugee law.
Before the competent authority reaches its decision, applicants for asylum are usually entitled to a personal interview with a competent official. This normally takes place without the members of the family being present and in conditions that ensure appropriate confidentiality. A written report of the interview is drawn up, the contents of which may be submitted for approval by the applicant. However, the applicant's refusal to approve the report cannot prevent the competent authority from taking its decision.
EU countries may not hold a person in detention for the sole reason that he/she is an applicant for asylum. Where an applicant is held in detention, the EU country shall ensure that there is a possibility of a rapid judicial review. The directive on minimum standards for the reception of asylum seekers provides further rules on the detention of applicants.
EU countries may use medical examinations to determine the age of unaccompanied minors whilst examining an application for asylum.
EU countries must ensure that information regarding individual applications is kept confidential.
Procedures at first instance
The basic principles and fundamental guarantees provided for by the directive apply fully to the procedures for examining "normal" applications for asylum. EU countries may also make provision for special procedures that are exempt from these principles and guarantees in order to examine applications for asylum in the following two cases:
EU countries may also decide, whilst complying with the basic principles and fundamental guarantees provided for by the directive, to accelerate an examination procedure, especially under the following conditions:
A non-EU country designated as a safe country of origin may be considered as such for a given applicant for asylum only if he/she has not put forward serious reasons suggesting that it is not safe because of his/her personal situation, in view of the conditions required for claiming refugee status in accordance with Directive 2004/83/EC.
Under specific conditions, EU countries may declare an application to be inadmissible and not examine its substance, especially when:
EU countries may apply the concept of a safe third country only when the competent authorities are certain that in the non-EU country concerned:
Withdrawal procedure
EU countries shall initiate an examination to withdraw a person’s refugee status when new elements or findings arise, indicating that there are reasons to reconsider the validity of his/her refugee status.
Such an examination must comply with certain principles and guarantees regarding, in particular, information of the person concerned, and the option for the person to present his/her case with regard to the withdrawal at a personal interview.
Appeals procedure
EU countries must guarantee applicants an effective right of appeal before a court against decision taken on their application for asylum and against other types of decisions taken within the framework of asylum procedures (including on withdrawal of status or admissibility of application).
Background
In the conclusions of the 1999 Tampere European Council, it was decided to establish a common European asylum system based on exhaustive and comprehensive application of the Geneva Convention. In the short term, this was to involve laying down common standards for a fair and efficient asylum procedure, as provided for in the scoreboard approved by the Council on 27 March 2000. In the long term, there would be a common asylum procedure and uniform status throughout the Union.
Key terms used in the act
References
Act |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Directive 2005/85/EC |
2.1.2006 |
1.12.2007(1.12.2008 for Article 15) |
OJ L 326 of 13.12.2005 |
RELATED ACTS
Report from the Commission to the European Parliament and the Council of 8 September 2010 on the application of Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status [COM(2010) 465 final – Not published in the Official Journal]. This report provides an overview of EU countries’ transposition of Directive 2005/85/EC into their national law and of problems encountered in its application.
The report details a number of cases of incomplete or incorrect transposition and flaws in the application of the directive by EU countries. Furthermore, due to some of the optional provisions and derogations in the directive, differences persist between EU countries’ arrangements and procedural guarantees. This is particularly the case with regard to:
To rectify procedural divergences between EU countries caused by certain vague and ambiguous standards in the directive, the Commission adopted in 2009 a proposal [COM(2009) 554 final] to amend it.
Last updated: 16.10.2010