Information provision primarily aims to enable applicants to fully access and understand the asylum procedure. Applicants for international protection often have limited knowledge about asylum when they first access the procedure. At the same time, they are expected to absorb large amounts of new information that includes legal information on administrative procedures. Your task as an information provider is not only to give the information but also to ensure that the applicant understands what this information means in practice.
It is also in the interest of the asylum administration that the applicant fully understands the information delivered to them from the beginning of the procedure. This information enables them to understand what is expected from them at different stages of the procedure, which consequently enhances the overall quality and efficiency of the asylum procedure. It is necessary to ensure that the applicant receives correct and consistent information about the asylum procedures, as they may have received misinformation from other people, such as smugglers.
The information which is provided in this section of the Let's Speak Asylum platform is based on the EUAA Practical Guide on Information Provision - Access to the asylum procedure.
Legal requirements
The right to information is one of the core guarantees provided in the APD (recast) to ensure a fair and effective asylum procedure. It is also a prerequisite for effective access to the procedure: the applicant must understand what international protection and the asylum procedure are, to be able to fully participate in the procedure (7). Particular attention needs to be given to the situation of persons in detention, to ensure that they receive the necessary information (8).
The applicant has the right to be informed about the asylum procedure in a timely manner (9). As a result, the applicant needs to be continuously informed at decisive moments in the course of the procedure. In the context of access to the asylum procedure, this entails giving information about asylum at the very time of accessing the asylum procedure, and about the reception services, within 15 days after lodging the application. The APD lays down the information that needs to be given to the applicant regarding the asylum procedure, in a language they understand, at decisive moments during the procedures. It further specifies that this information should be provided free of charge and according to the particular circumstances of the applicant. Directive 2013/33/EU (RCD (recast)) (10) lays down the information that should be provided to the applicant in relation to reception within 15 days after they arrived in the country.
(7) For more information, see ECtHR, judgment of 20 July 2021, D. v Bulgarie, No 29447/17, ECLI:CE:ECHR:2021:0720JUD002944717, paragraph 116 (available only in French). A summary is available in the EUAA Case Law Database; ECtHR, judgment of 23 February 2012, Hirsi Jamaa and Others v Italy, No 27765/09, ECLI:CE:ECHR:2012:0223JUD002776509, paragraph 204. A summary is available in the EUAA Case Law Database.
(8) See Article 8(1) APD (recast): ‘Where there are indications that third-country nationals or stateless persons held in detention facilities or present at border crossing points, including transit zones, at external borders, may wish to make an application for international protection, Member States shall provide them with information on the possibility to do so.
(9) For more information, see ECtHR, judgment of 21 January 2011, M.S.S. v Belgium and Greece, No 30696/09, ECLI:CE:ECHR:2011:0121JUD003069609, paragraph 304. A summary is available in the EUAA Case Law Database.
(10) Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection (recast), (OJ L 180, 29.6.2013).
Information requirements
In the context of access to the asylum procedure, it is of the utmost importance that the applicant should understand what international protection is and what is expected from them during the making, registering and lodging of their application for international protection. This includes the procedure to follow, the applicant’s rights and obligations, the consequences of not complying with such obligations and the consequences of withdrawing the application.
In preparation of the personal interview, applicants should also understand what is expected of them, including how to submit evidence to support their application and the applicable time frame for the next steps of the asylum procedure. The applicant should also be informed about their reception benefits and conditions, by persons working either in the context of the asylum procedure or of reception. Similarly, information should be given on the processing of fingerprints in Eurodac when fingerprints are taken from the applicant (11).
Depending on the applicant’s individual situation, additional information may be needed. For example, unaccompanied children need to receive specific information on matters that relate to the procedure and to their rights, such as their right to a representative and the role of the latter during the procedure. Another example is that of applicants with special procedural needs who would additionally need to receive information on the support that is available for them.
Information should be given in a manner that ensures it is understood and considers the applicant’s particular circumstances, such as their age, gender and/or level of education, in order to ensure effective access to rights and the ability to comply with obligations (12). For example, child-friendly information considers the age and maturity of the child in order to communicate information in a manner that is as understandable as possible to the child.
To enable effective access to information, the latter needs to be provided free of charge and in a language that the applicant is reasonably supposed to understand.
(11) See Article 29 Eurodac regulation for more information on right to information in relation to fingerprinting.
(12) See recital 22 APD (recast) on the reasons to provide information to applicants for international protection
Legal references
Article 12(1)(a) APD (recast) – Guarantees for applicants
1. With respect to the procedures provided for in Chapter III, Member States shall ensure that all applicants enjoy the following guarantees: (a) they shall be informed in a language which they understand or are reasonably supposed to understand of the procedure to be followed and of their rights and obligations during the procedure and the possible consequences of not complying with their obligations and not cooperating with the authorities. They shall be informed of the time-frame, the means at their disposal for fulfilling the obligation to submit the elements as referred to in Article 4 of Directive 2011/95/EU, as well as of the consequences of an explicit or implicit withdrawal of the application. That information shall be given in time to enable them to exercise the rights guaranteed in this Directive and to comply with the obligations described in Article 13;
Article 19(1) APD (recast) – Provision of legal and procedural information free of charge in procedures at first instance
1. In the procedures at first instance provided for in Chapter III, Member States shall ensure that, on request, applicants are provided with legal and procedural information free of charge, including, at least, information on the procedure in the light of the applicant’s particular circumstances. In the event of a negative decision on an application at first instance, Member States shall also, on request, provide applicants with information – in addition to that given in accordance with Article 11(2) and Article 12(1)(f) – in order to clarify the reasons for such decision and explain how it can be challenged.
Article 5 RCD (recast) – Information
1. Member States shall inform applicants, within a reasonable time not exceeding 15 days after they have lodged their application for international protection, of at least any established benefits and of the obligations with which they must comply relating to reception conditions. Member States shall ensure that applicants are provided with information on organisations or groups of persons that provide specific legal assistance and organisations that might be able to help or inform them concerning the available reception conditions, including healthcare. 2. Member States shall ensure that the information referred to in paragraph 1 is in writing and in a language that the applicant understands or is reasonably supposed to understand. Where appropriate, this information may also be supplied orally.
Organisational set-up of information provision
The circumstances related to when information is delivered to the applicant vary depending on whether the procedural steps of access to procedure – making, registering and lodging – happen separately or concurrently and whether there are additional opportunities to interact with the applicant. Contexts in which information is delivered vary depending on whether you are in an operational environment that responds to large number of arrivals or in an office environment that enables individual meetings with a smaller number of applicants. Who delivers information varies depending on whether information provision is centralised with one stakeholder or delivered in cooperation with multiple organisations.
The authorities are responsible for ensuring that information provision is guaranteed to applicants for international protection (Article 12 APD (recast)). Thus, they are responsible for coordinating the delivery of information so that the relevant messages reach the applicant. Consistent information provision can be guaranteed by identifying, in your national setting, which information should be delivered, when, where and by whom.
Access to the asylum procedure often includes two settings: the first-contact setting, which refers to the arrival context, including the procedural step of making an application for international protection; and registering/lodging an application for international protection.
Related EUAA tool
The EASO-Frontex, Practical Guide on Access to the Asylum Procedure, 2016 supports first-contact officials in their role of guaranteeing effective access to international protection in the first contact context, for example by providing information.
This practical guide provides information about the core obligations of first-contact officials, the rights of persons in need of international protection and information on the procedural guarantees, and support that is provided in the first-contact context.
The practical guide and its translations are available here: https://www.euaa.europa.eu/publications/practical-tools-first-contact-officials-practical-guide.
Related EUAA tool
The EASO, Practical Guide on Registration – Lodging of applications for international protection, 2021 supports officials in their daily work of registering and lodging applications for international protection in the after first-contact setting, by adhering to common European registration standards.
This practical guide lays down the legal framework related to the three steps of access to procedure, including detailed information on the rights and obligations triggered at different steps of registration. The guide, among others, describes the main characteristics of the after first-contact environment and provides information for the identification of applicants with potential vulnerabilities or Dublin cases.
The practical guide and its translations are available here: https://www.euaa.europa.eu/publications/practical-guide-registration.