The duty to inform applicants about asylum procedures: The asylum-seeker perspective : thematic report
By the European Commission.
A fair asylum procedure is one where applicants know their rights and duties, and where they understand its different stages. The right to be informed at decisive moments of the procedure is an important element of procedural fairness. In its 1977 Conclusions on International Protection, the Executive Committee of the High Commissioner’s Programme already highlighted the requirement to provide asylum seekers with guidance on the asylum procedure. This report by the European Union Agency for Fundamental Rights (FRA) examines the information that asylum seekers have on the asylum procedure, looking in particular at the main source of information for asylum seekers, which type of information they receive, and when and how they receive it. In addition, the report looks at gender as well as Dublin II issues. The 2005 Asylum Procedures Directive, which lays down minimal standards for asylum procedures in the European Union, establishes a duty to inform asylum applicants about their rights and obligations, and the procedure to follow (Article 10.1.a). A similar duty is contained in Article 3.4 of the 2003 Dublin II Regulation which, in its recast proposal, the European Commission suggests to strengthen by adding which information shall be provided to asylum seekers and how. The purpose of the duty to inform asylum seekers is to ensure that applicants are equipped to take informed decisions at each stage of the procedure. It is, therefore, essential that information is not only provided to applicants, but that it is also understood by them. The findings of this FRA research indicate that while states are providing information to asylum seekers on the procedure, such information is not always understood or does not lead to the applicants becoming aware of their rights and obligations. The evidence gathered from asylum seekers suggests that level of trust in the source providing information and communication barriers – due to both language and technical jargon – emerge as recurrent obstacles to effective provision of information, which would equip applicants to take informed decisions at each stage of the procedure. The starting point to enhance the effectiveness of information provided to asylum seekers is to listen to what they suggest. To this end, many ideas were collected by the FRA from respondents, which are set forth in each chapter of this report. In addition, based on the findings of this research, the FRA has formulated the following opinions on issues which can best be addressed by European Union policy making and implementation of EU law
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