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Glossary:Asylum

From Statistics Explained

(Redirected from Glossary:Asylum application)

Asylum is a form of protection given by a State on its territory based on the principle of non-refoulement and internationally or nationally recognised refugee rights. It is granted to a person who is unable to seek protection in his/her country of citizenship and/or residence in particular for fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.

Asylum applicant means a person having submitted an application for international protection or having been included in such application as a family member during the reference period. 'Application for international protection' means an application for international protection as defined in Art.2(g) of Council Directive 2004/83/EC, i.e. including requests for refugee status or for subsidiary protection status, irrespective of whether the application was lodged on arrival at border, or from inside the country, and irrespective of whether the person entered the territory legally (e.g. as a tourist) or illegally. In deciding when to regard an asylum application as having been lodged, the principles expressed in Article 4(1) of  Council Regulation 2003/343/EC should be applied, i.e. 'An application for asylum shall be deemed to have been lodged once a form submitted by the applicant for asylum or a report prepared by the authorities has reached the competent authorities of the Member State concerned. Where an application is not made in writing, the time elapsing between the statement of intention and the preparation of a report should be as short as possible'. Applications submitted by persons who are subsequently found to be a subject of a Dublin procedure (Council Regulation 343/2003) are included in the number of asylum applications. Within the same reference period every person being a subject of asylum application is counted only once, therefore repeat applications are not recorded if the first application has been lodged in the same reference period. However, such a repeat application will be recorded if lodged in a different reference month. It means that the aggregation of the monthly figures may overestimate the number of persons applying for international protection within the aggregated period (quarter or year).

In some Member States (e.g. IT, MT and DK) due to restrictions of the asylum procedure (e.g. time limits for lodging repeat application) repeat applications may be very rare. Therefore the number of new asylum applicants may equal or almost equal the number of asylum applicants. The number of asylum applicants and the number of first instance decisions during the same reference period differs. This is due to the time lag between the date of asylum application and the date of the decision on asylum application. The duration of this time lag may vary considerably depending on the national asylum procedure and the administrative workload. Asylum application lodged in one reference period may therefore result in a decision in a later period, while some asylum decisions reported for that period may relate to the applications lodged in previous reference periods.

New asylum applicant means a person having submitted an application for international protection for the first time. Applications submitted by persons who are subsequently found to be a subject of a Dublin procedure are included in the statistics on new asylum applicants if such persons are also a subject of first asylum application. All Member States are requested to supply these data but their provision is voluntary. As persons are counted once only, statistics on new asylum applicants may be used for preparation of annual aggregates.

Application for international protection means an application for international protection as defined in Art.2(g) of Directive 2004/83/EC, i.e. including requests for refugee status or for subsidiary protection status, irrespective of whether the application was lodged on arrival at border, or from inside the country, and irrespective of whether the person entered the territory legally (e.g. as a tourist) or illegally.

An asylum seeker is an asylum applicant awaiting a decision on an application for refugee status or another form of international protection.

Rejected applicant means a person covered by decision rejecting an application for international protection, including decisions considering applications as inadmissible or as unfounded and decisions under priority and accelerated procedures, taken by administrative or judicial bodies during the reference period.

Person being a subject of a pending application means a person who is the subject of application for international protection under consideration by the responsible national authority at the end of the reference period. It includes the number of persons with pending applications at all instances of the administrative and/or judicial procedure.

Person granted refugee status means a person covered by a decision granting refugee status, taken by administrative or judicial bodies during the reference period. Refugee status means status as defined in Art.2(d) of Directive 2004/83/EC within the meaning of Art.1 of the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967. According to Art.2(c) of Directive 2004/83/EC refugee means a third country national who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, is outside the country of nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country, or a stateless person, who, being outside of the country of former habitual residence for the same reasons as mentioned above, is unable or, owing to such fear, unwilling to return to it.

Person granted subsidiary protection status means a person covered by a decision granting subsidiary protection status, taken by administrative or judicial bodies during the reference period. Subsidiary protection status means status as defined in Art.2(f) of Directive 2004/83/EC. According to Art.2(e) of Directive 2004/83/EC a person eligible for subsidiary protection means a third country national or a stateless person who does not qualify as a refugee but in respect of whom substantial grounds have been shown for believing that the person concerned, if returned to his or her country of origin, or in the case of a stateless person, to his or her country of former habitual residence, would face a real risk of suffering serious harm and is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country.

Person granted authorisation to stay for humanitarian reasons means a person covered by a decision granting authorisation to stay for humanitarian reasons under national law concerning international protection, taken by administrative or judicial bodies during the reference period. It includes persons who are not eligible for international protection as currently defined in the first stage legal instruments, but are nonetheless protected against removal under the obligations that are imposed on all Member States by international refugee or human rights instruments or on the basis of principles flowing from such instruments. Examples of such categories include persons who are not removable on ill health grounds and unaccompanied minors.

First instance decision means a decision granted by the respective authority acting as a first instance of the administrative/judicial asylum procedure in the receiving country.

Final decision on appeal means a decision granted at the final instance of administrative/judicial asylum procedure and which results from the appeal lodged by the asylum seeker rejected in the preceding stage of the procedure. As the asylum procedures and the numbers/levels of decision making bodies differ between Member States, the true final instance may be, according to the national legislation and administrative procedures, a decision of the highest national court. However, the applied methodology defines that 'final decisions' should refer to what is effectively a 'final decision' in the vast majority of all cases: i.e. that all normal routes of appeal have been exhausted.

Recognition rate is defined as the share of positive decisions in the total number of decisions for each stage of the procedure (i.e. first instance and final on appeal). Total number of decisions consists of positive and negative decisions. Calculation of the overall recognition rate for all stages of asylum procedure cannot be made due to lacking information linking the outcomes at first instance and final on appeal for each person concerned. As some of the applicants rejected at the first instance and who lodged an appeal in the same year receive a final negative decision, it would lead to multiplication of some rejected applicants and would cause underestimation of the overall recognition rate. Final decisions on appeal statistics broken down by the year of the first instance rejection would be required to avoid this multiplication.

Dublin statistics refers to statistics based on Regulation 343/2003/EC of 18 February 2003 establishing a set of criteria which, in general, allocate responsibility for examining an asylum application to the Member State that permitted the applicant to enter or to reside in the territories of the EU Member States. That Member State is responsible for examining the application according to its national law and is obliged to take back its applicants who are irregularly in another Member State.

Statistical data