While several migrant camps, notably in Greece, had to be quarantined after the discovery of cases of COVID-19, the Commission published on Thursday 16 April guidelines to guide Member States in asylum, resettlement, and return decisions in times of pandemic.
In a 25-page document presented to interior ministers or their representatives, who were holding their weekly videoconference on Thursday, the Commission thus responded to the call made by Member States in March asking how to continue to apply the rules in times of health crisis. The month of March was also marked by the Greek government’s temporary decision not to accept any asylum applications for one month because of the crisis with Turkey. Since then, a few other Member States have also announced that they will temporarily suspend case registrations due to the pandemic or limit them to the most vulnerable people.
Faced with these different approaches, the guidelines advocate allowing Member States to apply European rules with “flexibility”.
Thus, on the registration and processing of asylum applications, which must continue even in times of health crisis, “maximum flexibility” may be allowed for the time and duration of processing and examination of applications. However, if Member States are dragging their feet in processing cases, they must not leave the persons concerned “without reception conditions”.
Personal interviews in this regard can be conducted remotely by videoconference or can be postponed, if necessary, which many Member States have done. Interviews may also be cancelled if there is a risk of coronavirus contamination. However, under no circumstances may the cancellation of this interview be taken into account in the decision taken on the case. Member States may also decide to quarantine asylum seekers at risk of infection.
The receipt of documents can now be done by email with acknowledgement of receipt.
While, as the document notes, a number of Member States have closed asylum services and offices because of the pandemic, the Commission is telling them that European texts allow for case registration deadlines to be extended.
The Communication is also looking at transfers under the Dublin Regulation, under which Member States return asylum seekers to the first EU country where they were registered.
According to the Commission, by 1 June, 25 Member States will have 6,000 cases where responsibility is supposed to pass back to the first country of registration, but this figure could be lower, as some of these cases correspond to people who have disappeared, for example. The Commission therefore anticipates that the number of potential transfers will be lower.
Far from banning these transfers, the Commission is even encouraging that they occur as soon as possible. However, it recommends that countries should first inquire about the state of health services in the country to which they intend to return asylum seekers. If, however, the transfer deadline is passed, the responsibility will revert to the last country where the applicant was registered, as there is no derogation from this changeover rule, says the Commission.
With regard to resettlement, operations with the IOM and UNHCR are currently suspended, but the Commission would like them to resume as soon as possible. On the other hand, the process of returning people who do not qualify for protection in the EU to their countries of origin must be allowed to continue, says the Commission. Member States are also being called upon to test and monitor the health of those who must return so as not to send them back to their countries of origin or transit infected.
On the other hand, the Communication does not take a position on ‘safe ports’ for the landing of NGO vessels in the EU, as the Commission has indicated that this does not fall within its competence. Link to the guidelines: https://bit.ly/2XEHaUx (Original version in French by Solenn Paulic)