Glossary

Definition

In the context of accords, in public international law, the formal act by which negotiating parties establish the form and content of a treaty.

Comments

Source

IOM Glossary on Migration, 2nd ed., 2011

Definition

A third-country national or a stateless person who has made an application for international protection in respect of which a final decision has not yet been taken.

Narrower applicant in need of special procedural guarantees, applicant with special reception needs, asylum seeker, rejected applicant for international protection

Related beneficiary of international protection, person eligible for subsidiary protection

Source

Art. 2(i) of Directive 2011/95/EU (Recast Qualification Directive)

Definition

A request made by a third-country national or a stateless person for protection from a EU Member State, who can be understood to seek refugee status or subsidiary protection status, and who does not explicitly request another kind of protection, outside the scope of Directive 2011/95/EU (Recast Qualification Directive), that can be applied for separately.

Narrower application for asylum, examination of an application for international protection, subsequent application for international protection, unfounded application for international protection, withdrawal of an application for international protection

Comments 1. In most EU Member States this term is understood as a synonym to ‘application for asylum’ following the adoption of  Directive 2011/95/EU (Recast Qualification Directive) and Directive 2013/32/EU (Recast Asylum Procedures Directive).
2. In everyday use, the terms ‘asylum application’ and ‘application for asylum’ are often used more frequently than ‘application for international protection’.
3. According to Protocol 24 of TFEU on asylum for nationals of Member States of the European Union (1997), EU Member States shall be regarded as constituting safe countries of origin in respect of each other for all legal and practical purposes in relation to asylum matters. Accordingly, any application for asylum made by a national of an EU Member State is normally not taken into consideration.

Source

Art. 2(h) of Directive 2011/95/EU (Recast Qualification Directive)

Definition

Healthcare entitlements enjoyed by third-country nationals (migrants, applicants for international protection and refugees) in EU Member States and in their countries of origin.

Synonyms healthcare benefits, medical benefits

Broader social protection benefits

Comments 1. In EU Member States, the scope of healthcare to which a third-country national has access depends on their residence or employment status. For further information see EMN: Migrants access to social security and healthcare: policies and practice, 2014.
2. According to Council Directive 2003/109/EC (Long Term Residents Directive), long-term residents enjoy the same access to healthcare as nationals as defined by national law.
3. Directive 2011/95/EU (Recast Qualification Directive) grants access to adequate healthcare, including treatment of mental disorders when needed, to beneficiaries of international protection under the same eligibility conditions as nationals of the EU Member State that has granted such protection.
4.Directive 2013/33/EU (Recast Reception Conditions Directive) establishes minimum standards for access to healthcare for applicants of international protection during the asylum procedure. It requires EU Member States to ensure that asylum seekers at least receive emergency care and essential treatment for illnesses and serious mental disorders. However, the entitlement of asylum seekers to healthcare services depends on national legislation and varies among Member States. See for example, the EMN: Ad-Hoc Query on System of medical treatment of asylum seekers in Member States.
5. Access to healthcare can be a key factor in the process of decision-making on applications for international protection. Subsidiary protection may apply if the asylum-seeker contends that a return to the country of origin is impossible for health reasons, as the return of a sick person which is often connected with the medical standards in the country of return could constitute a breach of Art. 3 ECHR. Thus case workers have to take into account whether medical treatment is available in the country of origin and whether the available medical treatment would also be (e.g. financially) accessible to the concerned person upon return. For further information see the description of the MedCOI project in the List of projects funded by the European Refugee Fund in 2011.

Source

Derived by EMN from Art. 11 of Council Directive 2003/109/EC (Long Term Residents Directive) and Art. 30 of Directive 2011/95/EU (Recast Qualification Directive)

Definition

In the EU migration context, any action by the relevant national authority(ies) which results in identifying a third-country national found to be illegally present and which may limit the freedom of movement of the person concerned.

Related irregular migrant, third-country national found to be illegally present

Source

Developed by EMN

Definition

A vulnerable person, in accordance with Art. 21 of Directive 2013/33/EU (Recast Reception Conditions Directive), who is in need of special guarantees in order to benefit from the rights and obligations provided for in Directive 2013/33/EU.

Broader applicant for international protection, vulnerable person

Related applicant in need of special procedural guarantees

Source

Art. 2(k) of Directive 2013/33/EU (Recast Reception Conditions Directive)

Definition

Voluntary return or voluntary departure supported by logistical, financial and / or other material assistance.

Broader voluntary departure, voluntary return

Source

Developed by EMN

Definition

A form of protection given by a State on its territory, based on the principle of non-refoulement and internationally or nationally recognised refugee rights and which is granted to a person who is unable to seek protection in their country of citizenship and / or residence, in particular for fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.

Narrower right of asylum

Related international protection

Comments The literal translation of this term in Bulgarian (the word ‘убежище’) refers to a specific kind of protection which is granted by the President of the Republic of Bulgaria and differs from the protection granted on the basis of the Geneva Refugee Convention and Protocol.

Source

Developed by EMN

Definition In the global context, a person who seeks protection from persecution or serious harm in a country other than their own and awaits a decision on the application for refugee status under relevant international and national instruments.
In the EU context, a third-country national or stateless person who has made an application for protection under the Geneva Refugee Convention and Protocol in respect of which a final decision has not yet been taken.

Synonyms asylum applicant

Broader applicant for international protection

Related refugee

Comments 1. In most EU Member States this term is understood as a synonym to applicant for international protection following the adoption of  Directive 2011/95/EU (Recast Qualification Directive) and Directive 2013/32/EU (Recast Asylum Procedures Directive). However, other EU Member States, such as the UK and IE which have not adopted the single procedure, continue to use the term ‘asylum seeker’ for an applicant who requests protection under the Geneva Refugee Convention and Protocol only. In DE the term is still used to include, in addition to the provisions of Directive 2011/95/EU, those of the national legislation, Art. 16a Basic Law.
2. Outside EU legislation, the terms ‘asylum seeker’ or ‘asylum applicant’ are often used more frequently than ‘applicant for international protection’ in the everyday use of the term.

Source Global context: Derived by EMN from IOM glossary on migration, 2 ed. 2011
EU context: Derived by EMN from Art. 2(b) of Council Directive 2005/85/EC (Asylum Procedures Directive)

Definition

An applicant whose ability to benefit from the rights and obligations provided for in Directive 2013/32/EU (Recast Asylum Procedures Directive) is limited due to individual circumstances.

Broader applicant for international protection

Related applicant with special reception needs

Comments Art. 2(d) of Directive 2013/32/EU (Recast Asylum Procedures Directive)

Definition

An application made by a foreigner or a stateless person which can be understood as a request for protection under the Geneva Refugee Convention and Protocol or national refugee law.

Synonyms asylum application

Broader applicant for international protection

Comments 1. In most EU Member States this term is understood as a synonym to application for international protection following the adoption of  Directive 2011/95/EU (Recast Qualification Directive) and Directive 2013/32/EU (Recast Asylum Procedures Directive). However, UK and IE, which have not adopted the single procedure, continue to use the term ‘application for asylum’ for an application for protection under the Geneva Refugee Convention only. In DE the term is still used to include, in addition to the application for international protection according the Qualification Directive, also the application according to the national legislation, Art. 16a Basic Law.
2. Outside EU legislation and in everyday use, the terms ‘asylum application’ and ‘application for asylum’ are often used more frequently than ‘application for international protection’.
3. According to  Protocol 24 of TFEU on asylum for nationals of Member States of the European Union (1997), EU Member States shall be regarded as constituting safe countries of origin in respect of each other for all legal and practical purposes in relation to asylum matters. Accordingly, any application for asylum made by a national of an EU Member State is normally not taken into consideration. In practice, non-EU Member States can receive applications for asylum from EU Member States.

Source Derived by EMN from the definition in Art. 2 (b) of Council Directive 2005/85/EC (Asylum Procedures Directive)

Definition

Every human being aged 18 years and older (unless majority is attained later under the law applicable to the adult).

Related child, minor

Comments

Source Derived by EMN from the definition of ‘child’ in EMN Glossary

Definition

The particular legal bond between an individual and their State, acquired by birth or naturalisation, whether by declaration, choice, marriage or other means according to national legislation.

Broader citizenship

Narrower naturalisation

Related ius sanguinis, ius soli

Comments 1. Art. 3(d) of Regulation (EC) No. 862/2007 (Migration Statistics Regulation) refers or relates to the acquisition of citizenship to those persons having their usual residence in the territory of the EU Member State and having acquired during the reference year the citizenship of the EU Member State and having formerly held the citizenship of another EU Member State or a third country or having formerly been a stateless person.
2. One of the possible ways of acquiring citizenship is through naturalisation, which refers more to the decision / administrative process by the relevant authorities for the granting of nationality.

Source

EUDO Glossary on Citizenship and Nationality

Definition Any person (individual or legal) causing persecution, such as:
(a) the State;
(b) parties or organisations controlling the State or a substantial part of the territory of the State;
(c) non-State actors, if it can be demonstrated that the actors mentioned in (a) and (b), including international organisations, are unable or unwilling to provide protection against persecution or serious harm as defined in Art. 7 of Directive 2011/95/EU (Recast Qualification Directive).

Broader persecution

Related act of persecution, group persecution

Source Art. 6 of Directive 2011/95/EU (Recast Qualification Directive)

Definition In the global context, acts of human rights abuses or other serious harm, often, but not always, with a systematic or repetitive element.
In the EU context and within the meaning of Art. 1A of the Geneva Refugee Convention and Protocol, acts which are
(a) sufficiently serious by their nature or repetition as to constitute a severe violation of basic human rights, in particular the rights from which derogation cannot be made under Art. 15(2) of the European Convention on Human Rights; or
(b) an accumulation of various measures, including violation of human rights which is sufficiently severe as to affect an individual in a similar manner as mentioned in (a).

Broader persecution

Related group persecution, serious harm, actor of persecution and serious harm

Comments According to Directive 2011/95/EU (Recast Qualification Directive), acts of persecution can, inter alia, take the form of:
a) acts of physical or mental violence, including acts of sexual violence;
b) legal, administrative, police, and/or judicial measures which are in themselves discriminatory or which are implemented in a discriminatory manner;
c) prosecution or punishment which is disproportionate or discriminatory;
d) denial of judicial redress resulting in a disproportionate or discriminatory punishment;
e) prosecution or punishment for refusal to perform military service in a conflict, where performing military service would include crimes or acts falling within the scope of the grounds for exclusion as set out in Art. 12(2);
(f) acts of a gender-specific or child-specific nature.

Source Global context: UNHCR Master Glossary of Terms
EU context: Art. 9 of Directive 2011/95/EU (Recast Qualification Directive)

Definition

An expedited procedure to examine an application for international protection which is either already deemed manifestly unfounded, which involves serious national security or public order concerns, or which is a subsequent application.

Synonyms accelerated procedure for international protection, speedy asylum procedure, speedy international protection procedure

Comments 1. As per the Committee of Ministers of the Council of Europe’s guidelines on human rights protection in the context of accelerated asylum procedures of 1 July 2009, the procedure derogates from normally applicable procedural timescales and / or procedural guarantees with a view to expediting decision-making. Procedures whereby a state may declare an application inadmissible without considering the merits of the claim also fall mutatis mutandis within the scope of the guidelines. For more information see the webpage of the Council of Europe
2. Directive 2013/32/EU (Recast Asylum Procedures Directive) recognises, in Recital 18 of the Preamble and in Art. 31(2) that it is in the interest of both EU Member States and applicants for international protection for decisions to be taken as soon as possible. This Directive does not provide for minimum or maximum time limits for taking a decision on applications for international protection nor does it define the term ‘accelerated procedure’. However, Art. 31(2) does make clear that the speed of the asylum procedure may not prejudice ‘an adequate and complete examination’ of the asylum claim.
3. Accelerated procedures must comply with the basic principles and guarantees laid down in Chapter II of Directive 2013/32/EU (Recast Asylum Procedures Directive) and may be conducted only in limited cases laid down in Art. 31(8) of the Directive.

Source Derived by EMN from the Council of Europe’s Guidelines on human rights protection in the context of accelerated asylum procedures 2009

Definition

Action by which a person seeks to avoid administrative measures and/or legal proceedings by not remaining available to the relevant authorities or to the court.

Narrower risk of absconding

Source Derived by EMN from the definition of ‘risk of absconding’ in Art. 3(7) of Council Directive 2008/115/EC (Return Directive)

Definition

A visa valid for transit through the international transit areas of one or more airports of the EU Member States.

Broader visa

Related long-stay visa, short-stay visa

Source Art. 2(m) of Regulation (EU) No 604/2013 (Dublin III Regulation)

Definition

In the context of dependants, the statutory process of terminating legal rights and duties between the child and the natural parents, and substituting similar rights and duties between the child and the adoptive parents.

Narrower adoption of convenience

Source

IOM Glossary on Migration, 2nd ed., 2011

Definition

The lawful entry of an alien onto the territory of a State after inspection and authorisation by an immigration officer.

Broader legal entry

Comments

In countries signatory to the Schengen Agreement, only citizens from countries which are not signatory to the Schengen Agreement have to go through the admission process, whereas in non-Schengen countries all non-nationals have to be admitted.

Source

Derived by EMN from the definition of ‘admission’ in IOM Glossary on Migration, 2nd ed., 2011

Definition

In the context of the Dublin Regulation, the phenomenon where a third-country national applies for international protection in more than one EU Member State with or without having already received international protection in one of those EU Member States.

Broader secondary movement of migrants

Related Dublin Regulation

Comments 1. The term 'asylum-shopping' has no legal definition, but is used in an informal sense and also in Commission Communications. It is often used with a negative connotation, as it implies an abuse of the asylum procedure through the lodging of more than one application for international protection in different EU Member States (choosing the EU Member State which may grant the most appealing social, humanitarian and economic standards).
2. A second meaning understands asylum shopping as a comparison and selection of one asylum rule among several (see European University Institute: the Development of the EU Asylum Policy: Revisiting the Venue-shopping Argument )
3. Commission Staff Working Document SEC/2008/2029 provides not only some examples of what 'asylum shopping' means but also an assessment of the impacts of the Dublin system (which comprises the Regulation (EU) No 604/2013 (Dublin III Regulation) and Regulation (EU) No 603/2013 (Eurodac Regulation) and their implementing regulations).

Source

Derived by EMN from Commission Staff Working Document SEC/2008/2029 accompanying the European Commission Communication on the policy plan on asylum, COM(2008) 360 final

Definition

An adoption (of a child) contracted for the sole purpose of enabling the person adopted to enter or reside in an EU Member State.

Broader adoption (of a child)

Related partnership of convenience, civil partnership of convenience, marriage of convenience

Source

Art. 16(2b) of Council Directive 2003/86/EC (Family Reunification Directive)

Definition Any person (individual or legal) providing effective and non-temporary protection against persecution or serious harm such as the State or parties or organisations, including international organisations, controlling the State or a substantial part of the territory of the State provided they are willing and able to offer protection.

Broader protection

Comments

Such protection is generally provided when the actors mentioned under points (a) and (b) of paragraph 1 take reasonable steps to prevent the persecution or suffering of serious harm, inter alia, by operating an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm, and when the applicant has access to such protection.

Source Derived by EMN from Art. 7 of Directive 2011/95/EC (Recast Qualification Directive)

Definition

A place used for the collective housing of applicants for international protection.

Broader reception facilities

Related reception centre

Comments For more information on categories of reception facilities available in EU Member States, see EMN: The Organisation of Reception Facilities for Asylum Seekers in different Member States, 2014.

Source

Art. 2(i) of Directive 2013/33/EU (Recast Reception Conditions Directive)

Definition

A reference network of migration research institutions and governmental entities dealing with migration in the six regions of the Africa Caribbean Pacific (ACP) Group of States, namely West Africa, Central Africa, East Africa, Southern Africa, the Caribbean and the Pacific, designed to produce data on South-South ACP migration flows for civil society and policy-makers, and enhance research capacities in ACP countries through networking and cooperation among organisations.

Synonyms ACP, ACP Observatory on Migration

Related Global Approach to Migration and Mobility, European Migration Network

Comments 1. The ACP was established in 2010 on the initiative of the Secretariat of the ACP Group of States, empowered by the International Organization for Migration (IOM) and funded by the European Union with the financial support of CH.
2. Activities are undertaken in 12 pilot countries (Angola, Cameroon, the Democratic Republic of the Congo, Haiti, Kenya, Lesotho, Nigeria, Papua New Guinea, Senegal, Tanzania, Timor‑Leste and Trinidad and Tobago).
3. For more information see the webpage of the ACP Observatory.

Source Website of the ACP Observatory on Migration

Definition

A partnership that provides comprehensive responses to the issues of migration, mobility and employment, in the interest of all partners, with the particular objectives to create more and better jobs for Africa and to better manage migration flows.

Synonyms Africa-EU MME Partnership, MME Partnership

Related Global Approach to Migration and Mobility

Comments 1. The MME Partnership was launched during the 2nd Africa-EU Summit of Heads of State and Government in December 2007 in Lisbon, where the Joint EU-Africa Strategy and the First Action Plan (2008-2010) were adopted.
2. The partnership aims to ensure sustainable development and the implementation of relevant international agreements and declarations, relying in particular on the Tripoli Declaration on Migration and Development, the Ouagadougou Action Plan to Combat Trafficking in Human Beings, especially Women and Children and the Ouagadougou Declaration and Plan of Action for Promotion of Employment and Poverty Alleviation.
3. It covers one of the eight areas of cooperation of the Africa-EU (Strategic) Partnership, which is the formal channel through which the European Union and the African Union work together, and which provides the overarching long-term framework for Africa-EU relations.
4. For more information, see the webpage of the Africa-EU Partnership.

Source Website of the Africa-EU Partnership

Definition

Process by which authorities seek to establish the chronological age, or range of age, of a person in order to determine whether an individual is a child or not.

Related child, minor

Comments 1. Art. 4 (3a) of  Council Resolution of 26 June 1997 on unaccompanied minors states that in principle, unaccompanied asylum-seekers claiming to be minors must produce evidence of their age. If such evidence is not available or serious doubt persists, EU Member States may carry out an age assessment. Age assessment should be carried out objectively. For such purposes, EU Member States may have a medical age-test carried out by qualified medical personnel, with the consent of the minor, a specially appointed adult representative or institution.
2. According to  UN Committee on the Rights of the Child, General Comment No. 6, the identification of a child as an unaccompanied and separated child (UASC) includes age assessment, which should take into account physical appearance, but also psychological maturity. The assessment must be conducted in a scientific, safe, child and gender-sensitive and fair manner, avoiding any risk of violation of the physical integrity of the child, giving due respect to human dignity.
3. Age assessment can include a variety of processes or procedures either undertaken singularly or in combination, such as: analysis of documentary evidence, interview, X-ray, physical or other form of medical examination.

Source Derived by EMN from EASO: Age assessment practice in Europe, 2013

Definition

Non-custodial measures used to monitor and / or limit the movement of third-country nationals in advance of forced return or deciding on the individual’s right to remain in the Member State, such as regular reporting, the surrender of a financial guarantee or travel documents, electronic monitoring.

Related detention

Comments 1. Alternatives to detention usually provide more favourable (‘less coercive’) conditions for the potential detainee, and may also be more cost-efficient. They are still subject to human rights standards.
2. Reception facilities can be considered an alternative to detention only in cases where the individual concerned has to report regularly to the competent authorities, or if there are residency requirements.
3. For further information see EMN: Use of detention and alternatives to detention in the context of immigration policies, 2014.

Source Derived by EMN from Art. 8(4) of Directive 2013/33/EU (Recast Reception Conditions Directive).

Definition

A third-country national who is temporarily received by a family in the territory of an EU Member State in exchange for light housework and taking care of children in order to improve their linguistic skills and knowledge of the host country.

Source Art. 2(i) of Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing, COM(2013) 151 final

Definition An informal process of dialogue and cooperation bringing together countries of the two regions (27 EU Member States, two other European countries and 20 Asian countries), the European Commission and the Association of Southeast Asian Nations (ASEAN) Secretariat which addresses political, economic and cultural issues, with the objective of strengthening the relationship between the two regions, in a spirit of mutual respect and equal partnership.

Synonyms ASEM

Related Global Approach to Migration and Mobility

Comments 1. ASEM was initiated in 1996 in Bangkok.
2. In the political field, areas of common interest include the fight against terrorism or the management of migration flows; discussions on human rights, on the protection of children, and on the impact of globalisation.
3. For more information, see: http://www.aseminfoboard.org/.

Source Website of the ASEM

Definition The gradual process by which a minority group adopts the patterns of behaviour of a majority group or host society and is eventually absorbed by the majority group / host society.

Synonyms cultural assimilation

Broader acculturation

Source Malgesini and Giménez: Guía de conceptos sobre migraciones racismo e inteculturalidad, 2000

Definition

A series of changes in cultural mores (ideas, words, values, norms, behaviour, institutions) resulting from direct and continuous contact and interaction between groups of different cultures, particularly through migratory movements or economic exchange, the media and other channels.

Synonyms inculturation

Narrower assimilation, integration

Source Derived by EMN from IOM Glossary on Migration, 2nd ed.
2011 IOM Glossary on Migration, 1st ed., 2004

Definition

Process of modifying some or all of one’s beliefs and / or attitudes so as to suit new conditions of life.

Related integration

Source

UNHCR International Thesaurus of Refugee Terminology