Refugees – fundamentals September 17 Presentation at the CEU 17 September 2015

Presentation by Boldizsár Nagy P HOTO OF J AVIER B ALAUZ, 2001

Presentation by Boldizsár Nagy P HOTO OF J AVIER B ALAUZ, 2001

T HE DIMENSIONS Facts (Statistics) LawPolicy Global EU Hungary

Language harmonisation Categories of migrants Presentation by Boldizsár Nagy

C ATEGORIES OF FOREIGNERS INTERNALLY DISPLACED ) C ATEGORIES OF FOREIGNERS INTERNALLY DISPLACED ) Migration InternationalDomestic RegularIrregular A longer than 1 year presenc/absence, in accrodance with the law „Illegal” Forced migration Regular migrant (Worker, student, family unifier, etc.) Undocumented foreigner, Persons with no right to enter and/or stay Refugee Internally displaced person, IDP

Orders of magnitude Statistics Presentation by Boldizsár Nagy

Global and Syria-related data Presentation by Boldizsár Nagy

F ORCED MIGRANTS, GLOBAL END OF YEAR DATA Source UNHCR: Global Trends Refugees, Asylum-seekers, Returnees, Internally Displaced and Stateless Persons különböző évek (statistical annex) és Vaccessed: 2014 szept. 24 and UNHCR: Global Trendshttp:// Forced Displacement in 2014 Forced migrant Refugees (Under UNHCR mandate) 10,510,410,510,410,511,013,9 Palestinian refugees( UNWRA) 4,74,85,05,15,35,45,1 Individual applicants 0,81,00,80,9 1,11,8 IDPs fleeing conflict 26,027,127,526,428,833,038,2

Syria – in figures Presentation by Boldizsár Nagy Source: content/uploads/2015/01/3RP-Report- Overview.pdf, p. 9 Source: Individual applications in 37 European states

Presentation by Boldizsár Nagy P OPULATION GROWTH IN DEVELOPED LESS AND LEAST DEVELPED REGIONS

T HE SOURCE OF THE MIGRATION PRESSURE Forrás: Population Reference Bureau, tasheets/2014/2014-world- population-data-sheet/population- clock.aspx ( )

M AJOR STOCK DATA

I NDIVIDUAL APPLICATIONS AND RECOGNITION RATES

Presentation by Boldizsár Nagy M AJOR RECEIVING COUNTRIES

Presentation by Boldizsár Nagy M AJOR S OURCE COUNTRIES

European data Presentation by Boldizsár Nagy

I NDIVIDUAL APPLICATIONS IN THE EU, Source: Eurostat, EU)_in_the_EU-28_Member_States,_2004%E2%80%9314_(%C2%B9)_(thousands)_YB15_II.pnghttp://ec.europa.eu/eurostat/statistics-explained/index.php/File:Asylum_applications_(non- EU)_in_the_EU-28_Member_States,_2004%E2%80%9314_(%C2%B9)_(thousands)_YB15_II.png

A SYLUM APPLICATIONS BY EU COUNTRY, Q – Q Source: Eurostat, Data in Focus 3/2015, p. 4

C OUNTRY OF ORIGIN OF THE ASYLUM SEEKERS Source: Eurostat, EU)_in_the_EU-28_Member_States,_2004%E2%80%9314_(%C2%B9)_(thousands)_YB15_II.pnghttp://ec.europa.eu/eurostat/statistics-explained/index.php/File:Asylum_applications_(non- EU)_in_the_EU-28_Member_States,_2004%E2%80%9314_(%C2%B9)_(thousands)_YB15_II.png

Hungarian data Presentation by Boldizsár Nagy

H UNGARIAN STATISTICS January – 7 September Application, total Main countries of origin Afghanistan (649) Kosovo (211) Serbia (27) Afghanistan (880) Pakistan (327) Kosovo (226) Kosovo (6.067) Pakistan (3.052) Afghanistan (2.279) Kosovo (21.453) Afghanistan (8.796) Syria (6.587) n.a. Some form of protection Refugee Subsidiary protection Rejection n.a. Termination Source: own collection based on OIN Yearly booklets and UNHCR data and Sándor Pintér’s response to a question by a MP

IRREGULAR M IGRANTS INTERCEPTED IN M AY 2015 AND A UGUST S EPTEMBER Source: informaciok/hatarinfo/elfogott-migransok-szama and ) informaciok/hatarinfo/elfogott-migransok-szama

T HE H UNGARIAN R EFUGEE AND B ENEFICIARY OF S UBSIDIARY P ROTECTION S TATUS DETERMINATION P ROCEDURE Application Eligibility examination Eligibility examination Detailed examination (of the merits) Administrative procedure Judicial review Judicial procedure 30 days days45 working days Judicial review 8 Days 8 days Border procedure: no departure from the conatainers at the border. OIN Court there, or via telecommunication

Presentation by Boldizsár Nagy Law definitions, and the concept of safe third country

First asylum applications, EU, 2015 Presentation by Boldizsár Nagy GEO/TIME2015M012015M022015M032015M042015M052015M06 European Union (28 countries) Belgium Bulgaria Czech Republic Denmark Germany (until 1990 former territory of the FRG) Estonia Ireland Greece : Spain : France Croatia :5 Italy Cyprus : Latvia Lithuania Luxembourg Hungary Malta Netherlands Austria : Poland Portugal :: Romania Slovenia Slovakia Finland Sweden United Kingdom : Iceland:::::: Liechtenstein:::::: Norway Switzerland Total Source: Eurostat, migr_asyappctzm

D EFINITIONS – THE UNIVERSAL STANDARD Geneva Convention relating to the status of refugees – 1951 Article 1. Definition of the term “refugee” A. For the purposes of the present Convention, the term “refugee” shall apply to any person who: (1) Has been considered a refugee...[according to the interwar arrangements and the IRO constitution] (2) As a result of events occurring before 1 January 1951 and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.

D EFINITIONS – EU ( AND H UNGARY ) EU Qualification Directive 2004/2011 Art :(e) 2011: (f) „person eligible for subsidiary protection” [means someone], „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 as defined in Article 15,.....is unable, or, owing to such risk, unwilling to avail himself or herself of the protection of that country; Art 15 (in both) Serious harm consists of: (a) death penalty or execution; or (b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or (c) serious and individual threat to a civilian's life or person by reason of indiscriminate violence in situations of international or internal armed conflict” Council Directive 2004/83/EC of 29 April 2004 on minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted (OJ L 304/ ,) DIRECTIVE 2011/95/EU OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted

D IRECTIVE ON MINIMUM STANDARDS ON PROCEDURES T HE CONCEPT OF THE SAFE THIRD COUNTRY life and liberty are not threatened on account of 5 Geneva Convention grounds; and no risk of serious harm the principle of non-refoulement is respected; and the prohibition on removal in breach of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law is respected; and the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention.

T HE CONCEPT OF THE SAFE THIRD COUNTRY Minimum requirements concerning national rules on determining that a state is safe for a particular applicant: meaningful link between applicant and s.t.c. investigation if a particular country is safe for the particular a.s.(or national designation of s.t.c.) a right of the a.s.to challenge the safety at least when torture and inhuman or degrading treatment or punishment is threatening the a.s. Challenge also possible on the basis of lack of connection to stc If inadmissible because of s.t.c. : - inform a.s. accordingly, - provide a.s. with document informing the s.t.c. that the application has not been examined in substance

Presentation by Boldizsár Nagy Policy issues

EU INITIATIVES May and September 2015 – two packages, combined effects Issues:  - ad hoc relocation from Greece and Italy into other EU member states asylum seekers „in clear need of protection”  - ad hoc relocation scheme, involving Hungary also asylumseekers from Italy, from Greece and from Hungary in respect of groups with at least 75% recognition rates  - a „crisis relocation mechanism” to be built into the Dublin regulation, to be triggered by „large and disproportionate” inflow of asylum seekers, creating „extreme pressure”  - resettlement of refugees from outside the EU _________________________________________________________  EUNAVFOR – fight against smugglers  European Emergency Trust Fund for Africa  European list of safe countries of origin

Thanks! Boldizsár Nagy CEU, IR and Legal Departments