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Complaints mechanism

Background information

Complaints mechanisms ensure that the fundamental rights of applicants are respected. The applicant can submit a complaint if they are negatively affected by the actions of the EU, national administrations or a person representing the administration. This is the case especially when an institution does not act in accordance with the law or the principles of good administration or violates their fundamental rights. Depending on the character of the violation and the administration concerned, the applicant can submit a complaint, for example, to a regional or national ombudsman (56). If the national administration is supported by an EU agency, such as the EUAA (57) or Frontex (58) and the misbehaviour concerns support teams sent by these agencies, specific complaint mechanisms are foreseen. For more information regarding your national complaints mechanism, follow your national law and practice.

(56) European Ombudsman, Members of the European Network of Ombudsmen.

(57) Article 51 of the Regulation (EU) 2021/2303 of the European Parliament and of the Council of 15 December 2021 on the European Union Agency for Asylum and repealing Regulation (EU) No 439/2010 (OJ L 468, 30.12.2021).

(58) Frontex, ‘Complaints mechanism'.

Explain these messages to the applicant during the registration/lodging:

  • Applicants can raise a complaint in different situations, for example, if:
    • their fundamental rights have been violated;
    • a state authority treated them inappropriately or unethically.
  • How to submit the complaint, to whom and in which format and language, including relevant addresses or links.
  • Submitting the complaint is free of charge.
  • What information is necessary to provide in the complaint (e.g. name, contact details, case file number). It is not possible to follow up on anonymous complaints.
  • Reassure the applicant that submitting a complaint will not negatively influence the outcome of their application.
  • A complaint is not an appeal against the decision in the application for international protection. A complaint may be raised before a decision on the asylum application has been taken.
  • If applicable, provide information about deadlines.
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Practical tips: providing information on the complaints mechanism

  • Reassure the applicant that it is safe to make non-anonymous complaints
    Applicants might hesitate to provide personal and contact details in the complaint. You may explain that the information is needed in order to be able to inform them about the results, in case additional information is needed, etc.
  • Explain the difference between a complaint and an appeal
    To avoid any confusion, it is useful to explain that complaint procedures are distinct from appeal procedures. The complaint procedure should not be used to request a review of the decision.