Refugee resettlement in the EU : 2011-2013 report

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Co-fi nanced by the European Union

Refugee Resettlement in the EU -

2011-2013 Report

Edited by Delphine Perrin

KNOW RESET Research Report 2013/05

Final Report

No part of this paper may be distributed, quoted or reproduced in any form without permission from

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KNOW RESET

Building Knowledge for a Concerted and Sustainable Approach to RefugeeResettlement

in the EU and its Member States

KNOW RESET RR 2013/05

Refugee Resettlement in the EU

2011-2013 Report

KNOW RESET Final Report

edited by

Delphine Perrin

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This text may be downloaded only for personal research purposes. Any additional reproduction for other purposes, whether in hard copies or electronically, requires the consent of the Robert Schuman

Centre for Advanced Studies.

Requests should be addressed to know-reset@eui.eu If cited or quoted, reference should be made as follows:

Edited by Delphine Perrin, Refugee Resettlement in the EU - 2011-2013 Report, KNOW RESET RR 2013/05, Robert Schuman Centre for Advanced Studies, San Domenico di Fiesole (FI): European

University Institute, 2013.

THE VIEWS EXPRESSED IN THIS PUBLICATION CANNOT IN ANY CIRCUMSTANCES BE REGARDED AS THE OFFICIAL POSITION OF THE EUROPEAN UNION

European University Institute Badia Fiesolana

I – 50014 San Domenico di Fiesole (FI) Italy

http://www.eui.eu/RSCAS/Publications/ http://www.know-reset.eu/

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KNOW RESET - Building Knowledge for a Concerted and Sustainable Approach to Refugee Resettlement in the EU and its Member States

The KNOW RESET Project, which is co-financed by the European Union, is carried out by the EUI in partnership with ECRE (the European Council on Refugees and Exiles). The general objective of the project is to construct the knowledge-base necessary for good policy-making in the refugee resettlement domain in the EU and its 27 Member States. It aims to explore the potential to develop the resettlement capacity, to extend good practices and to enhance cooperation in the EU.

KNOW RESET maps and analyses frameworks and practices in the area of refugee resettlement in the 27 E U Member States. The team involved in the project, gathering members of the EUI’s and ECRE’s large networks, has proceeded with a systematic and comparative inventory of legal and policy frameworks and practices related to resettlement in the EU and its 27 Member States, providing the most updated set of information. The publication of comparative data and the dissemination of research results contribute to raising awareness for refugee resettlement and refugee protection in the EU and provide a knowledge-tool for policy-makers, governmental and non-governmental stakeholders interested or involved in resettlement activities and policies in the EU and countries of first asylum. The project involves too field research in Kenya, Pakistan and Tunisia, which will add to the knowledge and the assessment of resettlement practices of refugees from countries of first asylum to the EU.

KNOW RESET has resulted in the first website mapping EU involvement in refugee resettlement. It focuses on resettlement in the EU and covers the 27 Member States, involved in resettlement in one form or another, and to various degrees. It contains a unique database providing legal, administrative and policy documents as well as statistics collected from national authorities by the project team. It also includes a series of comparative tables and graphs, the country profiles of the Member States, country of first asylum reports, as w ell as t hematic reports and policy briefs. This user-friendly website is a valuable instrument for: comparing the varied frameworks, policies and practices within the EU; for evaluating the resettlement capacity in the EU; for following the evolution of Member States’ commitment in resettlement; and for assessing the impact of the Joint EU Resettlement Programme.

Results of the above activities are available for public consultation through the website of the project: http://www.know-reset.eu/

For more information:

KNOW RESET project – Migration Policy Centre Robert Schuman Centre for Advanced Studies (EUI) Via delle Fontanelle 19

50014 San Domenico di Fiesole Italy

Tel: +39 055 46 85 892 Fax: + 39 055 46 85 770 Email: know-reset@eui.eu

Robert Schuman Centre for Advanced Studies

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List of Contents

Executive Summary ... 1

Background information: Resettlement and the Joint EU Resettlement Programme ...5

PART I – C OUNTRY COMPARISON RESETTLEMENT IN THE E U AND ITS MEMBER STATES ... 10

1. From Protection Need to Resettlement, 2009 ... 11

2. Share of Resettlement in Selected Resettlement Destinations in the World 1995-2010 ... 11

3. Resettlement Schemes in the EU ... 12

4. Number of Resettled Refugees in the EU, 2000-2012 ... 13

5.Number of Resettled Refugees in the EU on a Programme Basis, 2000-2012 ... 13

6. Number of Resettled Refugees in the EU on an ad hoc Basis, 2000-2011 ... 14

7. Programme-Based and Ad Hoc Refugee Resettlement in the EU, 2000-2011 ... 14

8. Resettlement Quotas in the EU, 2000-2011 ... 15

9. Total of Resettlement Quotas from across the EU and Actual Resettlement in the EU, 2000-2011 15 10. Top Ten Countries of Origin of Resettled Refugees in the EU, 2000-2011 ... 16

11. Top Ten Countries of First Asylum of Resettled Refugees in the EU, 2000-2011 ... 16

12. Total Refugee Admissions in the EU Countries, 2000-2011 ... 16

13. Resettlement in the EU Traditional Resettlement Countries, 2000-2011 ... 17

14. The Share of Resettlement in the EU, 2000-2011 ... 17

15. Use of Resettlement Quotas in Traditional and Non-Traditional Resettlement Countries, 2000-2011 .. 18

16. Use of Resettlement Quotas in Traditional Resettlement Countries, 2000-2011 ... 18

17. Use of Resettlement Quotas in Non-Traditional Resettlement Countries, 2000-2011 ... 19

18. Resettlement of Iraqi Refugees in the EU, 2000-2011 ... 19

19. Resettlement in the EU in 2011 ... 20

20. Proportion of Women among Resettled Refugees in selected EU Member States, 2000-2011 ... 20

21. Religion of Resettled Refugees in selected EU Member States, 2000-2011 ... 21

22. Top Three Countries of Origin for Resettled Refugees on a Programme Basis in Selected EU Member States, 2000-2011 ... 21

23. Formal Basis for Resettlement and Effective Resettlement in the EU Member States ... 22

24. Pre-Arrival and Post-Arrival Phases of Refugee Resettlement in the EU Member States ... 29

PART II - "RESETTLEMENT COUNTRY PROFILES" ... 40

Austria ... 41

Belgium ... 47

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Cyprus ... 66 Czech Republic ... 71 Denmark ... 84 Estonia ... 95 Finland ... 99 France ... 115 Germany ... 129 Greece ... 142 Hungary ... 147 Ireland ... 158 Italy ... 170 Latvia ... 180 Lithuania ... 184 Luxembourg ... 190 Malta ... 197 Poland ... 203 Portugal ... 210 Romania ... 221 Slovakia ... 232 Slovenia ... 238 Spain ... 247 Sweden ... 260 The Netherlands ... 274 United Kingdom ... 287

PART III – EU COMPARATIVE REPORTS ... 301

Refugee Resettlement in the EU: Between Shared Standards and Diversity in Legal and Policy Frames, Delphine Perrin (EUI), with the collaboration of Frank McNamara. ... 302

Refugee Resettlement in the EU: Capacity to do it better and to do it more”, Elona Bokshi (ECRE). ... 370

PART IV – COUNTRY OF FIRST ASYLUM REPORTS ... 427

Kenya Report, Hannah Elliott ... 428

Pakistan Report, Elias Chattha. ... 479

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Executive Summary

1. Nature and Purpose of the Project

The Know-Reset project has been carried out by the Migration Policy Centre (MPC), which conducts advanced research on global migration to serve migration governance needs at the European level, from developing, implementing and monitoring migration-related policies to assessing their impact on economy and society more generally. The Know Reset project is part, too, of the advocacy policy of the European Council on Refugees and Exiles (ECRE) and its member agencies. These monitor and denounce human rights violations while proposing and promoting fair, effective and durable solutions, such as refugee resettlement.

The Project was co-funded by the European Union DG Home Affairs in the framework of the European Refugee Fund Community Actions 2010. It was carried out by the EUI (European University Institute), in partnership with ECRE (European Council on Refugees and Exiles, Brussels), from September 2011 to July 2013.

The general objective of the project was to construct the knowledge-basis for better policy-making in the domain of resettlement, both at EU level and in the 27 Member States. Know Reset aimed at conducting a systematic inventory of resettlement frameworks and practices in the EU, providing a comparative analysis and assessment of resettlement in the Member States, evaluating their resettlement capacity while addressing policy recommendations to the EU and its Member States in order to enhance cooperation and improve resettlement activities. To better understand Member States’decision-making and better explore the potential for developing resettlement capacity in the EU, the Project has covered the 27 EU Member States whatever the nature and degree of their involvement in refugee resettlement (programme-based, ad hoc, ETC1, none). Its target audiences were policy-makers, institutions and non-governmental stakeholders as well as the public and the media who can all benefit from its main outputs: An online database and a dedicated website (http://www.know-reset.eu/).

The partnership between the EUI and ECRE has enabled to confront and combine two different and complementary project approaches and has enriched the analysis of refugee resettlement in the EU and its Member States. This partnership has also brought two European-wide networks together, providing an exhaustive and various set of data and analytical tools.The two partners rely on large networks of academic and civil-society expertise. For this particular project, 16 NGOs from the ECRE alliance and 20 researchers from the EUI have collected resettlement-related data directly from the national governmental and non-governmental stakeholders in the 27 Member States. Besides, 132 various stakeholders have been interviewed all over the EU. The project team has proceeded to a systematic and comparative inventory of legal and policy frameworks and actual practices related to resettlement in the EU and its Member States providing an updated set of information, mapping and comparing those frameworks and practices.

Know Reset is the first project focussing on the EU and its 27 EU Member States, in order to better compare the various approaches, assess the resettlement capacity potential in the EU and the impact of the Joint EU Resettlement Programme (JEURP) on Member States’ commitment in resettlement. Analysing all EU-27 States is a key contribution to the understanding of resettlement: such a comprehensive country analysis had never been accomplished before.Mapping resettlement frameworks and practices indeed implied covering all states that are involved in resettlement in one form or another, and to various degrees. Some EU Member States do not have resettlement programmes, but have resettled on an ad hoc basis, in response to a specific refugee crisis and/or to UNHCR's calls. Besides, some EU Member States do not currently resettle, but have taken (legal,

1

Emergency Transit Facilities.

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Executive Summary

political and practical) steps to do so in the future. There is a great diversity in terms of commitment towards resettlement in the EU and a series of recent evolutions. This is a snapshot of the situation:

 The majority of EU Member States have been involved in resettlement to one extent or another,

 Very few of them have a long tradition of resettlement,

 Some countries that seemed tied to an ad hoc approach have recently opted for a programme,

 Other countries, which had pledged to resettle, could not meet their commitment,

 Most of the 'new' Eastern Member States have decided to participate in resettlement. Some of them have actually implemented it,

 Only six Member States have had no involvement in resettlement.

Evaluating the potential to develop and improve refugee resettlement in the EU implies addressing the whole range of national attitudes towards resettlement, as well as their variations in time and in space. It relies on a broad understanding of resettlement capacity, which is based on financial and material means, but which is also matter of political will, legal framework, social context, civil society, and a series of country-specific determinants, that have been examined by Know Reset.

Besides, unique field research has been conducted in three major countries of first asylum (Kenya, Pakistan, Tunisia) by external experts hired for the Project, who dedicated their observation and analysis on EU Member States resettlement practices in the pre-departure phase.

The Project has produced a website (http://www.know-reset.eu/) only and fully dedicated to resettlement in the EU. It is the first website mapping EU’s involvement in refugee resettlement, and comprising the 27 EU Member States. Conceived to be as user-friendly as possible, the Know Reset website is a useful instrument which enables to learn about and to compare the diverse frameworks, policies and practices within the EU, to evaluate the resettlement capacity in the EU, to follow the evolution of Member States’ commitment in resettlement and to assess the impact of the JEURP. The Project has also developed a unique database comprising a systematic and comparative compilation of administrative and legal frameworks, statistics and policy documents for each of the Member States and for the EU as a whole. The Project has provided an edition of 27 country profiles dedicated to refugee resettlement and its comparison in the EU. Besides, it has produced first-hand graphs and tables for quantitative and qualitative country comparison within the EU, which have been developed on the basis of the data collected by the research team.

2. Outputs and Findings

The Project has been implemented at a crucial moment, when the JEURP was being adopted at the EU level and the project’s various deliverables have been able to measure the impact of the EU’s initiatives on the development of Member States’ commitments toward resettlement. During the implementation of the Project, from September 2011 to July 2013, four Member states became “resettlement countries”.

The Development of Resettlement-Related Frameworks and Policies in the EU and its Member States

While only one new resettlement country emerged in the EU during the 1990s (Ireland), nine were created during the 2000s: seven alone between 2008 and 2013. The number of ‘resettlement countries’ in the EU is now fourteen: in addition to the four “traditional resettlement countries” (namely Sweden, Denmark, the Netherlands, Finland) and Ireland,the United Kingdom launched a programme in 2004, Portugalin 2007, the Czech Republic, Romania and France in 2008,and Hungary, Belgium, Germany and Spain in 2012/2013. Bulgaria is, meanwhile, to start a programme in 2014. Two additional

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Refugee Resettlement in the EU - 2011-2013 Report

Member States refer to resettlement in law (Poland and Slovenia), even though they have not resettled yet, and two other Member States have already joined resettlement operations on an ad hoc basis (Italy and Luxembourg). Slovakia hosts an Emergency Transit Centre (ETC) for the humanitarian transfer of refugees before their resettlement to EU Member States or third countries, as does Romania. Among the six EU Member States which have not taken any steps toward getting involved in resettlement, Lithuania began discussions in February 2012 on resettlement participation.

As elaborated in the EU Comparative Reports produced for Know Reset, the development of resettlement-related frameworks and policies in the EU and its Member States is undeniable and has accelerated over the past five years. This is mainly due to the combined effect of joint operations to respond to major refugee crises and to the EU’s increased support of UNHCR efforts to encourage States to resettle refugees. EU led initiatives for multilateral operations have been the main incentive for Member States in getting involved in refugee resettlement when said states have no resettlement history.

A small majority of Member States are now resettlement countries, insofar as they have committed to resettling refugees on a programme basis. Moreover, while refugee resettlement depends on voluntary governmental decisions, exclusive from any legal duty, it is no longer exclusively based on an administrative framework. Refugee resettlement is increasingly based on asylum and refugee law. Thirteen Member States have included a reference to refugee resettlement in their asylum legislation; eleven of them did so during the past decade. This does not make resettlement a legal duty for those States, nor, indeed, is it a right for refugees. Yet, the adaptation of legal frameworks may facilitate refugee resettlement. This might allow the granting of refugee status outside the territory for instance, or determining the procedure and competent institutions.

The absence of legal reference to refugee resettlement has not impeded certain Member States from resettling in a sustainable and regular manner in the past (in Scandinavia) and even today (the Netherlands). Equally, the existence of a legal reference to refugee resettlement is not a guarantee that the State does or will resettle. It does not constitute evidence of resettlement: but it can help and support sustainable commitment.

The Joint EU Resettlement Programme adopted in March 2012 has been a great support in the development of commitments in resettlement and plays an important role in the search for a concerted approach to resettlement. Nevertheless, its impact has been limited. It is based on on a financial incentive, which does not convince all Member States, and on the positive impact of joint initiatives.

Diversity in the Content of Resettlement Frameworks and Practices

The selection process is extremely diverseamong Member States. Criteria and procedures vary across countries. They may also varyfrom one year/period to another. The quality of refugee resettlement relies, amongst other things, on the capacity of Member States to address the needs and concerns of the various stakeholders involved in the process: UNHCR, IOM, NGOs, local authorities, government ministries, and, finally, refugees themselves. Collaboration between stakeholders at the different stages (pre-arrival and post arrival) of the resettlement process differs greatly from country to country as well.

In the last decade, most of the resettlement operations carried out in EU Member States have relied on UNHCR pre-selection. When referring some cases to resettlement states, UNHCR takes into account the preferences and criteria previously discussed with and indicated by Member States. Then, resettlement States generally add their own selection process, either on a dossier-basis or through selection missions, and may demand certain criteria which the refugees must satisfy.

UNHCR has developed standards to identify and select those refugees who are most in need of protection. EU funding instruments have partly supported those standards. The transfer of refugees from a third country to an EU country would not be considered resettlement and would not be funded as such, if carried out independently of UNHCR. The EU also supports the resettlement of specific categories of vulnerable persons on the basis of UNHCR’s selection criteria and prioritizes the

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Executive Summary

resettlement of some refugee groups identified by UNHCR as being in urgent need of group resettlement.

Most Member States incorporate UNHCR resettlement criteria and case submission as the basis of the selection process. However, some governments shy away from receiving refugees that they think might have less integration potential or that may require more financial and public services support. Selection criteria also include country specific asylum policy and foreign policy, the capacity of reception and integration services.

While ‘being part of the club’ is a key motivation for Member States getting engaged in refugeeresettlement, Member States are extremely unreceptive to any proposal to harmonise the selection of refugees to be resettled. The ERF is one way in which the selection of refugees may be influenced. Indeed, through its funding conditions, the ERF influences the selection targets of Member States, as well as the procedure and ther ights granted. Nevertheless, the EU is unlikely to develop a common selection procedure.Nor is it likely to reach an agreement as to how to divide the refugees to-be-resettled amongst Member States.

Even more problematic is the diversity in the status and rights granted to resettled persons and the integration capacity of Member States. A growing problem concerns the possible development of lower reception quality in some countries, as a result of a greater number of places being available for resettlement.

More Resettlement Countries, More Places?

The JEURP was a positive step towards increasing the number of resettlement places made available by EU Member States. However, EU resettlement capacity has not significantly increased in parallel with the expansion in number of EU resettlement countries.

The EU’s overall contribution to global resettlement has remained approximately the same: 7.9 % of the total number of refugees resettled in 2007 and 8.3 % in 2012. The traditional resettlement Member States still have the greatest impact on EU’s contribution to resettlement. In most EU resettlement countries, resettlement quotas are not reached,which can be attributed to a number of factors such as reception capacities, the socio-economic context and financial means. Failure to reach resettlement quotas can also be linked to selection methods and process. Some resettlement countries are able to offer only a very limited number of places, especially the new resettlement countries, as they require time and resources to build their capacity to develop and implement their resettlement programmes. The way the number of resettled refugees is calculated is also crucial: this affects what we know concerning the total number of refugees resettled.

Resettlement efforts by EU member states are still limited particularly compared to the global resettlement needs, as well as in terms of potential capacity. For resettlement to fulfil its function as a meaningful demonstration of solidarity with countries of first asylum and as a useful component of a comprehensive durable solutions strategy, resettlement numbers need to be more significant in comparison with the number of refugees waiting for resettlement in countries of first asylum.

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Background information: Resettlement and the Joint EU Resettlement Programme

Refugee Resettlement

Resettlement is a durable solution that may be offered to refugees who have sought protection in a country where local integration is not an option, and who cannot return to their home country.

Unlike asylum, resettlement is not a right: States offer resettlement on a voluntary basis. In practical terms, refugees with specific needs are selected by UNHCR or the resettlement country. They are then transferred from their current country of asylum to the country that has accepted to receive them. These refugees should be granted a residence status.

Why resettling?

Resettlement is a way to alleviate countries of first asylum of the burden of refugees who can neither return nor be locally integrated. It is an essential tool in sharing responsibility for refugee protection with those developing countries that receive the largest number of refugees, such as Pakistan and Kenya.

How many people are resettled?

Only a small minority of refugees worldwide are resettled. Out of all refugees, only 1 per cent is considered by UNHCR as needing resettlement. Ultimately, about 10 per cent of these are actually resettled each year.

Compared with protection needs and involvement in resettlement of countries like the US and Canada, the contribution of EU Member States is modest. Moreover, it varies from year to year and from place to place. Over the last years, the European Commission has tried to foster cooperation in the field of resettlement. A Joint EU-resettlement programme was finally adopted by the European Parliament on 29 March 2012. It introduces some important incentives to persuade Member States to start resettlement programmes or to increase the number of resettlement places.

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EU Member States’ involvement in resettlement

The Joint EU Resettlement Programme (Jeurp)

Historical background

Already in 2000, the European Commission suggested that ‘Processing the request for protection in the region of origin and facilitating the arrival of refugees on the territory of the Member States by a resettlement scheme are ways of offering rapid access to protection’ (

COM/2000/0755 final

). The Commission believed that only a joint EU approach could create necessary political and operational terms for accessing European territory and for allowing resettlement to be used for strategic purposes - both to assist the EU Member States and attain the objectives of UNCHR’s

Agenda for Protection

. In the course of the years, resettlement was recognised as the key tool for offering a durable solution. However, only limited progress was made to implement it.

During these years, the Commission argued that the coordination of resettlement activities between individual Member States was inadequate. Moreover, the European Refugees Fund (ERF) – which co-finances resettlement in the Member States - was too rigid to respond to changing needs, particularly with respect to geographical priorities. The ERF used to fund only resettlement of refugees from outside the EU to Member States, and not the relocation between Member States.

Finally, a full-fledged proposal to establish a Joint EU resettlement Programme was tabled in September 2009. The aim was to:

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 increase EU’s humanitarian impact

 to integrate resettlement into external relations policy,

 to streamline actions of Member States to make them more cost effective.

The proposal remained stuck between institutions mainly because of the annual priority setting and because of an argument about which decision procedure to use in connection to the implementation of the Lisbon Treaty.

Today we have a Joint EU resettlement programme

On 29 March 2012, the European Parliament voted on the Joint EU Resettlement

Programme, already approved by the Council (6444/12). This vote paves the way for a 'Joint

EU Resettlement Programme' presented by the European Commission back in 2009. This

decision determines common EU resettlement priorities for 2013 and announces an increase

of the compensation that Member States receive from the European Refugee Fund for

resettlement of refugees. The EU Commissioner Malmström welcomed the decision, stating

that it is a much-needed measure that will improve cooperation and allow the EU to pool

resources for resettlement.

Priority groups

The decision targets the following priorities for resettlement:

 Persons from a country or a region designated for the implementation of Regional Protection

Programmes (COM(2005) 388 final): -Newly Independent States (NIS): Ukraine, Moldova

and Belarus,

 Great Lakes Region: Tanzania,

 Horn of Africa: Kenya, Djibouti and Yemen,  North Africa: Egypt, Tunisia and Libya;

 Persons from one or more of the following vulnerable group categories: -women and children at risk, -unaccompanied minors, -survivors of violence and torture, -persons having serious medical needs, -persons in need of emergency or urgent resettlement for legal and/or physical protection needs;

 Persons from a geographical location on the list of common EU priorities for 2013: -Congolese refugees in the Great Lakes Region (Burundi, Malawi, Rwanda, Zambia); -Iraqi refugees in Turkey, Syria, Lebanon, Jordan; Afghan refugees in Turkey, Pakistan, Iran; Somali refugees in Ethiopia; Burmese refugees in Bangladesh, Malaysia and Thailand; -Eritrean refugees in Eastern Sudan.

More EU funding

There will be a clear increase of funding for resettled refugees. Member States will receive a compensation for each resettled refugee falling into one or more categories mentioned above:

 First time applicants will receive EUR 6,000 for the first year, and EUR 5,000 for the second year,



For the rest the compensation will remain at EUR 4,000.

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Pilot scheme in 2013

Member States were asked to provide the Commission by 1 May 2012 with an estimate of the number of persons per category that they plan to resettle in 2013 (

European Parliament News

, 29 March 2012). The May deadline and the joint resettlement priorities are a novelty proposed by the European Commission; the aim is to make them a regular feature of policy-making on asylum. The scheme will be applied as a trial this year, which means that the Member States' estimates of the number of persons they plan to resettle are not binding (

European Voice

, 1 March 2012).

For background information on the long legislative process of the Joint EU Resettlement Programme and ERF funding:

http://www.europarl.europa.eu/oeil/popups/ficheprocedure.do?reference=2009/0127%28C

OD%29&l=en

Proposed Asylum and Migration Fund (AMF) 2014- 2020

While the amendment to the ERF only covers funding in 2013, it paves the way for new rules concerning the financial support that EU Member States may receive for the resettlement of refugees from third countries through future funding during the period 2014-2020.

The Commission has proposed the Regulation establishing the Asylum and Migration Fund (AMF) at the end of 2011:

http://ec.europa.eu/home-affairs/news/intro/docs/751.pdf

The proposed funding should allow for more strategic use of resettlement during the 2014-2020 funding period, with a more focused approach to resettlement priorities that are to be set bi-annually. The AMF will support the establishment of a Union Resettlement Programme for which an amount of €560 million has been earmarked, five times the amount previously set aside for resettlement under the ERF.

The aim of the proposed funding is twofold:

 to provide durable solutions to an increased number of refugees by supporting their transfer from outside EU territory and their establishment in an EU Member State; and

 to maximise the strategic impact of resettlement through a better targeting of those persons who are in greatest need of resettlement on the basis of common EU resettlement priorities. These priorities will be established for two year periods with the involvement of the European Parliament and the Council and in cooperation with UNHCR and the European Asylum Support Office.

If adopted in the presently-proposed form, the AMF will support the resettlement of every refugee supported with 6,000 EUR per person, while the EU would fund 10,000 EUR for refugees that are covered by priority categories as stipulated in the AMF. The additional funding would relate to resettlement of refugees that are regarded as particularly vulnerable as well as refugees from certain regional priorities. The vulnerable groups would remain unchanged during the AMF period, while the regional priorities would be set on a bi-annual basis.

The proposed vulnerable refugee groups are:

 women and children at risk,

 unaccompanied minors,

 persons having medical needs that can be addressed only through resettlement,

 persons in need of emergency resettlement or urgent resettlement for legal orphysical protection needs.

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In Annex III to the proposed AMF Regulation, the following

common Union priorities for the

first two years 2014-2015

are listed as:

1. Regional Protection Programme in Eastern Europe (Belarus, Ukraine, Moldova) 2. Regional Protection Programme in the Horn of Africa (Djibouti, Yemen, Kenya) 3. Regional Protection Programme in North Africa (Libya, Tunisia, Egypt)

4. Refugees in the region of Eastern Africa/ Great Lakes 5. Iraqi refugees in Syria, Lebanon, Jordan

6. Iraqi refugees in Turkey.

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PART I

COUNTRY COMPARISON

RESETTLEMENT IN THE EU

AND ITS MEMBER STATES

Elona Bokshi

Metin Nebiler

Delphine Perrin

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FORMAL BASIS FOR RESETTLEMENT AND EFFECTIVE RESETTLEMENT IN THE EU MEMBER STATES

EU Member

State

Formal Basis for Resettlement

Date of resettlement

Specific provision in Law Governmental Act Ad Hoc Resettlement

Programme based Resettlement

Austria

None None 2011 None

Belgium

None

*Decision of the Council of Ministers on a specific resettlement – Iraqi and Palestinians from refugee camps in Syria and Jordan (2009)

*Decision of the Cabinet on a specific resettlement – from Libya (2011)

2009 2011 Since 2013

Bulgaria

None _{*Council
of
Ministers
draft
decision
(2012)
-‐
Pilot}

programme

None

Planned for 2014

Cyprus

None None None None

Czech

Republic

Asylum Act (1999), Section 90 2005

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*Government Resolution on a specific resettlement – Burmese (2008) *Government Resolution on a specific resettlement – Burmese (2009) *Government Resolution on a specific resettlement – Burmese (2010)

2007

2010

Since 2008

Denmark

Aliens Act (2011), as amended in 2005, Section 8

None None Since 1978

Estonia

Finland

Aliens Act (2004), Section 90, 91, 92.

*Decision on the geographical allocation of the refugee quota, 17 February 2012

None Since 1985

France

None

Since 1948

Other relevant dates:

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*Framework Agreement between France and the UNHCR (2008)

1956 1974-1984 1999

2008 Since 2008

Germany

Residence Act (2004),

Section 22.

*Ruling of the Federal Ministry of the Interior about Iraqi refugees (2008)

*Decision on the launch of a permanent resettlement programme and on admission of refugees from North Africa (2011)

2009

Since 2012

Greece

Hungary

Asylum Act (2007), Section 7

*Governmental Decree (2011) Refugee Solidarity Programme related to the North-‐African crisis

None

2012

Italy

None None 2007

2008-2009 2009

None

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2010

Latvia

Lithuania

Luxembourg

None None 2009 None

Malta

Netherlands

None

*Decree (2000) transfers responsibility for the quota policy for resettled refugees to the Minister of Justice

*Decree of the Minister of Justice (2010) outlines Dutch resettlement policy

*Government Decision (2012) Policy Framework for Resettlement (2012-‐2015)

None Since 1984

Poland

Act on granting

protection to foreigners (2003), as amended in 2011

None

2011

None

Portugal

2006

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Asylum Law (2008), Chapter III Section V

*Resolution of the Council of Ministers (2007) Since 2007

Republic of

Ireland

Refugee Act (1996), Section 24.

*Cabinet Decision (1998) – Quota decision *Cabinet Decision (2005) – Quota decision

None

Since 1998

Romania

Law on Asylum (2006), Article 3(5)

Agreement with UNHCR and IOM (2008): Emergency Transit Centre in Timisoara

Decision on the Resettlement of Refugees (2008) – Sets out regulation of resettlement and states how many refugees will be resettled during the period 2008-‐2010

2012 Decision to amend the 2008 Decision on the Resettlement of Refugees in Romania

None In 2008 Planned for 2012-2013

Slovakia

None _{*Agreement
with
UNHCR
and
IOM
(2009):}

Emergency Transit Centre in Humenné *Agreement with UNHCR and IOM (2010): Emergency Transit Centre in Humenné

None None

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Slovenia

International Protection Act (2007), Chapter VIII Section 70

*Government Decree on implementation of resettlement based on yearly quota (2011)

None None

Spain

Law regulating the right to asylum and subsidiary protection (2009)

*Royal Decree (1995) – makes reference to UNHCR requests to resettle

*Decision of the Council of Ministers (2010) – Approves the 2010 programme: 75 refugees *Decision of the Council of Ministers (2011) – Approves the 2011 programme: 100 refugees *Communication of the Council of Ministries (2012) -‐ Approved a new Resettlement Programme Since 1979 2012 Planned for 2013-2014

Sweden

Aliens Act (2005), Chapter 5 Section 2

*Spending authorization for the Migration Board (2011) –by the Ministry of Justice, defines the

None Since 1950

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resettlement quota for 2012

*Migration Board Decision on Resettlement (2012) -‐ Distribution of places, strategic and operational assessments

United

Kingdom

Nationality, Immigration and Asylum Act (2002), Section 59

None None

Since 2004

13 EU countries refer to resettlement in Law.

15 EU countries have adopted government acts related to resettlement.

10 EU countries have resettled on an ad hoc basis.

14 EU countries have resettled on a programme basis.

18 EU countries have had a formal basis for resettlement. 16 EU countries have already resettled.

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I. PRE-‐ ARRIVAL PHASE

Pre -‐ arrival phase EU countries Selection criteria

Selection process Application Process Pre-‐departure activities UNHCR criteria* National Target Preferences

Dossiers Missions Actors involved Before arrival Upon arrival Cultural orientation

1 _Austria _No _{2011:
Christian
Iraqis} _{Selected
by}

representati ves in Iraq of the archdiocese in Vienna

-‐The Church -‐IOM

-‐Ministry of the Interior

Yes n/a

2 _Belgium _No

(2009, 2011)

2011: Family with children and single women.

2009: women –at – risk and Palestinians Yes (2011) Yes (2009) -‐UNHCR -‐CGRA -‐State Secretary for Asylum and Migration -‐FEDASIL Pre-‐Selection Yes (simplified procedure)

2011: CO not provided. Information pamphlets covering information about Belgium were printed but not given to refugees.

3 _Bulgaria _{Yes
(possible)
Bulgaria
is
interested}

in resettling Afghani and Iraqi refugees from Turkey. / / -‐UNHCR -‐State Agency for Refugees / / / 4 _Cyprus _/ _/ _/ _/ _/ _/ _/ _/ 5 _Czech Republic No Possibly vulnerable persons: seriously ill

Possible Yes -‐ UNHCR -‐The

Pre-‐Selection Yes

(simplified

Done by the Resettlement Group when interviewing

*_{Yes: The State accepts obligations towards refugees recognised by UNHCR according to a broader definition – Mandate Refugee Status – No: Geneva Convention criteria and generally Subsidiary Protection criteria.}

PRE-‐ARRIVAL AND POST-‐ARRIVAL PHASES OF REFUGEE RESETTLEMENT IN THE EU MEMBER STATES

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persons, children, women at risk and other cases, based on specific humanitarian factors.

Some integration aspects are also taken into consideration. Resettlement Group -‐Minister of Interior procedure if previous UNHCR refugee status)

the people in need of resettlement in the country of first asylum – initial information about what they can expect from resettlement in the Czech Republic and to what extent they will receive assistance on arrival.

6 _Denmark _No _{Sub-‐quotas:
75}

urgent cases; “Twenty-‐Or-‐More” for specially sick or handicapped refugees. Integration criteria included in 2005. Supplementary criteria of influence: language

qualifications, education and work experience, social network, age, motivation. Yes (Urgent cases) Yes -‐UNHCR -‐Danish Immigration Service (DIS) -‐Danish Refugee Council (DRC) -‐Municipalities

Yes Yes done by DIS and Danish language teachers. Offered to all

refugees accepted on selection missions but not to refugees on dossier basis. Over one week. 7 _Estonia _/ _/ _/ _/ _/ _/ _/ _/ 8 _Finland _Yes (possible) Annual geographical allocation of the quota, based on the need of continuity in the chosen

refugee groups.

Capacity to integrate is a factor.

Emergen cy and Urgent cases Yes -‐UNHCR -‐Finnish Immigration Services (MIGRI)

Yes Cultural orientation is the remit of IOM. The

arrangement

was established in 2001 and ran until the

termination of the contract in 2010. The co was not arranged in 2011 and

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10% of the quota are reserved

for emergency cases and urgent cases.

the contract is currently being negotiated. Currently no cultural orientation is organized.

9 _France _Yes

2008 (Iraq 500): Belonging to a religious minority (especially Christian) and link with France (either through family ties or

knowledge of French by at least one family member). Residence either in Iraq or in a neighbouring country: Jordan, Syria, Lebanon or Turkey. Programme-‐Based: Integration potential together with protection need; consideration of the reception and housing capacity in the country.

Yes No -‐UNHCR -‐ Ministry of Home Affairs -‐OFPRA

Pre-‐Selection Yes Sessions of cultural introduction can be organised by IOM. This has been done only for Iraqis and EU relocation. When such activities cannot be organised, the IOM may distribute an information package, of which the Information Leaflet for People Resettled in France.

10 _Germany _Yes _{2008:
Focus
on}

members of persecuted (religious)

minorities, victims of violence and with special medical

Pre-‐

Selection Yes -‐UNHCR -‐BAMF Yes No

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needs, single women with children. Other criteria such as capacity of

integration, ties with Germany and family unity.

2011: Priority to refugees with Sub-‐ Saharan origin who fled from Libya.

11 _Greece _/ _/ _/ _/ _/ _/ _/ _/

12 _Hungary _No _{No
specific}

admissibility criteria. A family (5-‐8

persons) from the North-‐African region. Aspects to consider when doing resettlement: need for international protection, security reasons, integration possibilities. / Yes -‐UNHCR -‐OIN Yes No

13 _Ireland _Yes _Preference

-‐Group resettlement -‐“balanced” caseload (mix of women at risk, disable persons, etc) -‐community or spiritual leaders Yes Between 2005 and 2008 -‐UNHCR -‐Minister for Justice and Equality -‐Minister for Foreign Affairs -‐ Office for the Promotion of Migrant Integration (OPMI)

Yes Yes

Through the Irish authorities

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14 _Italy _Yes _{No
additional}

criteria.

Possibly national security

considerations.

Yes No, except in Iraq in 2009 to assess the local situation. -‐UNHCR -‐Ministry of Home Affairs -‐Territorial Commissions Pre-‐Selection Yes (Simplified Procedure) No 15 _Latvia _/ _/ _/ _/ _/ _/ _/ _/ 16 _Lithuania _/ _/ _/ _/ _/ _/ _/ _/

17 _Luxembourg _No _{2009:
Families
with}

children (young if possible), including single-‐parent families. Yes -‐UNHCR -‐Ministry in charge of immigration -‐OLAI -‐CARITAS

Yes OLAI did prepare some leaflets concerning rights upon arrival, including healthcare and education

18 _Malta _/ _/ _/ _/ _/ _/ _/ _/

19 _Netherlands _No _{Subquota:
30
Medical}

cases.

Refugees with medical needs and women at risk are resettled through the ‘Twenty-‐Or-‐More’ programme.

More emphasis will be placed on the Integration potential which has been applied since 2005. Dutch Minister for Immigration and Asylum recently proposed

resettlement be used as strategically as possible with regard to the other purposes of the country’s

Yes: 100 refugees/ year Suspended from 1999 to 2005. Yes: 400 refugees/ye ar -‐UNHCR -‐Minister for Immigration, Integration and Asylum (quota definition) -‐Ministry of Justice -‐Municipalities -‐Ministry of the Interior and Kingdom Relations, -‐ Ministry of Foreign Affairs -‐Resettlement Unit of the Immigration and

Naturalisation Service (IND) -‐ Central Agency for the

Yes No Organised by COA, consisting of three trainings. Content: elementary Dutch language skill;

Information about the Dutch society;

Information about the receiving municipality; and the future

accommodation. For dossier-‐based

refugees, CO trainings are developed and offered by IOM in cooperation with COA.

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migration policy and UNHCR to select more higher profile refugees such as human rights activists and academics. Reception of Asylum Seekers (COA)

20 _Poland _n/a _Humanitarian

aspects, necessity to satisfy the essential needs of resettled refugees, actual costs of individual

programmes of integration.

n/a In the future: Interview by the Officer of the Border Guard delegated to the selection task. -‐Council of Ministers -‐Head of the Office for Foreigners via the officer of the Border Guard outside Poland

Yes Yes n/a

21 _Portugal _Yes _Programme:

Continuity in resettlement; Privilege to citizens coming from the African continent and from Eastern Europe, but not excluding other situations of citizens coming from other places, if these justify their priority selection, mainly for serious humanitarian reasons. 2011: People from countries covered by

Yes None so far -‐UNHCR -‐ Immigration Service / Refugee and Asylum Cabinet -‐ Ministry of Internal Affairs, -‐Portuguese Aliens and Borders Service -‐Portuguese Refugee Council.

Yes Non systematic

distribution of a “Cultural Orientation Leaflet for Resettled Refugees in Portugal”.

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a Regional Protection Programme,

unaccompanied minors, children and women at risk. 22 _Romania _No Potential for

integration applied in 2008, dropped in 2012.

2012 Criteria: Express consent of the refugee to be resettled in Romania; Romania’s foreign policy; Relocation requirements at EU level.

Minimum medical requirements to be defined. Pre-‐ Selection Yes -‐UNHCR -‐Minister of Administration and Interior – Minister of Foreign Affairs -‐Romanian Office for Immigration (ROI)

Pre-‐Selection Yes Yes

Romanian NGOs involved in integration

programmes will participate to the selection missions to inform refugees on integration activities in Romania and prepare integration programmes.

In addition, possible cultural orientation and counselling services provided by ROI.

23 _Slovakia _/ _/ _/ _/ _/ _/ _/ _/

24 _Slovenia _n/a _{Global
migration}

trends, crisis areas around the world, integration capacities.

Yes Possibly -‐UNHCR -‐Ministry in charge on internal affairs

Yes Yes

Informative lecture -‐ general information on Slovenia, cultural

characteristics and habits, on the prohibition of polygamy and gender equality, rights and obligations of persons enjoying international protection in Slovenia.

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25 _Spain _{Yes
(possible)
The
criteria
will
be}

defined on yearly basis.

Will follow EU policies. Yes (in the future) 2011 (Syria) 2012 (Tunisia) -‐UNHCR -‐OAR (Office of Asylum and Refugees)

Yes Yes (2011)

By IOM – Information sessions about Spain

26 _Sweden _Yes _{No
additional}

criteria.

Number of places by country of first asylum decided annually.

350 places for urgent and emergency cases.

Yes, for more than half of the quota.

Yes, for less than half of the quota.

-‐UNHCR -‐Migration Board

Yes Possible Yes (Migration Board Officers)

For more than half of the refugees selected for resettlement, mainly those selected via in country selection missions. Generally, cultural orientation is carried out in 7-‐10 days.

27 _United

Kingdom

Yes Regional allocation targets, including RPP.

Small percentage for medical cases and a higher percentage for women-‐at-‐risk. For Mandate

refugees: integration potential and links with the UK.

Possible Yes -‐UNHCR -‐UK Border Agency (UKBA) -‐ Refugee Team in the Asylum Casework Directorate

Yes No By UK mission staff to refugees explaining the travel, reception and initial integration

arrangements. Previously by IOM.

Since 2011, a 1 day programme has been delivered by staff from the Refugee Resettlement Unit at the UKBA. It includes video interviews with refugees previously resettled through the programme in which they talk about their

experiences of resettling and advice for new arrivals.

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II-‐POST-‐ ARRIVAL PHASE Post –arrival phase EU countries

Status granted

Rights granted

Refugee Subsidiary

protection Programme refugee status or other Specific status

The same as national

citizens The same as refugees The same as persons under the subsidiary protection status

Other specific rights under national law

1 _Austria _X _X

2 _Belgium _X _{X
for
health
care
and
social}

welfare, access to education and employment. X (5 year-‐stay permit)

Right of permanent residence.

3 _Bulgaria _X _{Potential
to
become}

naturalized at a later phase X

4 _Cyprus _/ _/ _/ _/ _/ _/ _/

5 _{The
Czech}

Republic

X

X for health care and social

welfare, access to education and employment.

Citizenship may be granted on request after 5 years of permanent residence. X (10 year-‐stay permit)

6 _Denmark _X _X _{X
for
health
care
and
social}

Access to citizenship after 8 years. X (access to permanent residence after 7 years)

X 4 year-‐ residence permit

7 _Estonia _/ _/ _/ _/ _/ _/ _/

8 _Finland _{X
(Quota
Refugees)} _{X
for
health
care
and
social}

welfare, access to education and

employment, after the ‘integration period’.

Access to citizenship after 5 years.

X

4 year-‐residence permit Direct access to immigrants’ benefits upon arrival

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9 _France _X

X X for health care, social welfare and housing, access to education and employment. X (10 year-‐stay permit) X (1 year-‐stay permit)

10 _Germany _X _{X
for
health
care
and
social}

3 year-‐stay permit. After 7 years a

settlement permit can be granted.

Strict conditions for family reunification.

11 _Greece _/ _/ _/ _/ _/ _/ _/

12 _Hungary _X _/ _/ _/ _X _/ _/

13 _Ireland _{X
(Programme}

Refugees) X for health care and social welfare, access to education and

employment.

Access to citizenship after 3 years – to be extended to 5 years by future reform.

X

Facilities for family reunification

14 _Italy _X

X X for health care and social welfare, access to education and employment. X (5-‐year stay permit) X

(3-‐year stay permit)

15 _Latvia _/ _/ _/ _/ _/ _/ _/

16 _Lithuania _/ _/ _/ _/ _/ _/ _/

17 _Luxembourg _X _{X
Social
welfare
and}

healthcare X

18 _Malta

19 _Netherlands

X (Invited Refugees) X for health care and social welfare, access to education and

employment.

Access to citizenship after 5 years of permanent

residence. X (Access to permanent residence after 5 years)

5 year residence permit.