Under the current EU and international legal framework, several options exist for beneficiaries of international protection to travel and reside in another Member State. However, regarding the transfer of responsibility for beneficiaries of international protection, a uniform legal base is lacking.
EMN Study | Secondary movements of beneficiaries of international protection
Uniform EU legal framework regarding the transfer of responsibility for beneficiaries of international protection is lacking
24 October 2022
In the case of secondary movements by beneficiaries of international protection, this group is confronted with multiple policy and regulations practices in Member States. On a national level, Member States apply different legal bases including:
- National regulations;
- The European Agreement on Transfer of Responsibility for Refugees (EATRR), ratified by ten Member States (DE, FI, IT, NL, PL, PT, RO, ES, SE, DK);
- Bilateral agreements between Member States.
Five Member States (BE, DE, PL, PT, SE) indicate that the lack of an uniform legal base regarding the transfer of responsibility for beneficiaries of international protection is major challenge. Three Member States (DE, FI, FR) also reported communication challenges with other countries, leading to the insufficient access to personal data or documentation of beneficiaries of international protection.
Criteria and scope of transfer of responsibility
The main criterion applied by the second Member State when processing a transfer of responsibility request is that the person is already residing lawfully in the first Member State in accordance with the national legislation and should hold a valid residence permit there.
In six Member State (CY, DE, ES, FI, PL, SE) primarily those that have ratified the EATRR - the transfer of responsibility concerns the issuance of travel documents for refugees only. Seven Member States (BE, FR, FI, LU, PT, SE, SK) offer an extended transfer of responsibility, which also includes granting other rights such as granting international protection and/or the access to national health care services.
Application for international protection in a second State
In the case where another Member State has already granted international protection, the Member State in which the second application for international protection is lodged may consider it as inadmissible. Applications from already recognised beneficiaries of international protection may not be considered inadmissible when there is a risk that the applicant, as a person enjoying international protection, would be treated in the first State in a manner incompatible with certain fundamental rights.
Publication EMN
- Read the Inform and the study description: ‘Study: Secondary movements of beneficiaries of international protection’, 24 October 2022.
