Prepared by: Current EU standards and requirements for data collection in the area of migration, asylum and visa David Reichel Giambattista Cantisani Nicolas Perrin Development of Monitoring Instruments for Judicial and Law Enforcement in the Western Balkans Phase Three – Training Migration Statistics Training Session 1 Country: Serbia Belgrade, November 2010 With funding from the European Union

Outline Historical/International perspective  International Recommendations  Developments at European level EU Statistics Regulation, with a focus on Enforcement of Immigration Legislation (EIL) FRONTEX and Western Balkans Risk Analysis Network (FRAN and WBRAN) Visa Information System (VIS) UNODC Pilot Data Collection Challenges of international data collection

International Recommendations Recommend. on Statistics of International Migration  First set of recommendations (1924, ILO)  Last version (UNSD, 1998)  Set of recommendations –Definitions of migration/migrants /Data sources –Framework for data collection –Core variables & tabulations –Asylum statistics –Stock data related to migration UN Recommend. for the Censuses Still a reference in the EU context  Introduction (10) of the Regulation  Source of definitions  Interpretations 3

UNSD vs. EU: Long-term migrant “Long-term migrant: A person who moves to a country other than that of his or her usual residence for a period of at least a year (12 months), so that the country of destination effectively becomes his or her new country of usual residence” (UNSD, 1998). “Immigration means the action by which a person establishes his or her usual residence in the territory of a Member State for a period that is, or is expected to be, of at least 12 months, having previously been usually resident in another Member State or a third country” (Regulation (EC) 862/2007) 4

UNSD vs. EU: Usual residence “The country in which a person lives, that is to say, the country in which he or she has a place to live where he or she normally spends the daily period of rest. Temporary travel abroad for purposes of recreation, holiday, visits to friends and relatives, business, medical treatment or religious pilgrimage does not change a person's country of usual residence” (UNSD, 1998). “The place at which a person normally spends the daily period of rest, regardless of temporary absences for purposes of recreation, holiday, visits to friends and relatives, business, medical treatment or religious pilgrimage or, in default, the place of legal or registered residence” (Regulation (EC) 862/2007). 5

Developments at European level UNECE Eurostat/EU  Data collection –Demographic indicators (JMQ) –Asylum –Irregular migrants (CIREFI) –Residence permits  Documentation –Poulain, NIDI, Singleton & al. in the 1990’s –MEDSTAT (I, II, III) –COMPSTAT –THESIM –PROMINSTAT –... Awareness raising of the need for a new approach 6

EU Statistics Regulation [Regulation (EC) 862/2007 on Community statistics on migration and international protection … ] Topics  Population stocks, migration flows, acquisition of citizenship (under Article 3)  Asylum and international protection (Art. 4: Asylum data collection+Dublin data collection)  Prevention of illegal migration (Art. 5, part of EIL)  Residence permits (Art. 6)  Returns (Art. 7, part of EIL) Main principle  Use of different administrative/statistical sources but adoption of common definitions Requirements and data collection  Concepts, definitions and classifications from the UN recommendations and EU context  Data collection split in different modes/contacts 7

EU Statistics Regulation  Enforcement of Immigration Legislation (EIL) Sub-topics Third country nationals refused entry at the external border by type of border, ground for refusal and citizenship Third country nationals found to be illegally present by age, sex and citizenship Third country nationals ordered to leave the territory by citizenship Third country nationals returned following an order to leave the territory by citizenship 8

EU Statistics Regulation 9 Third country nationals refused entry at the external border in EU27 in 2008 (Eurostat EIL Database)

FRONTEX and Western Balkans Risk Analysis Network (FRAN and WBRAN) 10 Topics (tables) 1.Illegal entries between and at border crossing points 2.Facilitators (migrant smugglers) 3.Illegal stay 4.Refusals of entry 5.Applications for international protection 6.Persons using false travel documents for entering the territory illegally

Visa Information System Set up in 2004, regulation in 2008 (VIS Regulation) Includes data on visa applications (e.g. citizenship, type of visa, main destination and duration, purpose of travel, border, occupation, employer) and status information Allows exchange of data on short-stay visas between EU Member States No real data collection Exchange of stat. at the level of the Council of the EU (SCH/Comex (94) 25) Possible extension (Regulation 767/2008, in particular art. 17) A limited data collection (Art. 6 & Annex XII of the Visa Code) 11

UNODC Pilot Data Collection Set up in 2010 under the project Covers crime and migration statistics Migration statistics focus on the prevention of illegal entry/stay (total data for and detailed data for 2009 according to different breakdown) 12

Summary overview 13 Data collection / Standard TopicStat. Reg.Visa Reg.FRAN/ WBRAN UNODC Pilot M MigrationQuest. 1 (19 tables) RP Residence permits Quest. 2 (7 tables) V VisasNo quest. (4 sub-topics) A Asylum Quest.3+3b (18+2 tables) Quest. 5 (1 table) IES Ill. Entry & stay Quest. 4 (2 tables) Quest. 5 (5 tables) Quest. 6 (7 tables) R ReturnsQuest. 4 (1 table) EIL

Main considerations - Heavy set of standards, although it may not completely well apply to all EU/European countries, in particular in Western Balkans - Overlap of some data collection - Collection of tables on compulsory/voluntary basis - Collection of tables on yearly/quarterly/monthly basis 14

Challenges of international data collection Data collection is a fast developing area under different EU frameworks and improvements are continuously expected Several countries have problems providing data on at least internationally comparable data Limitations come from different incidence of migration phenomena, high mobility of people, lack of sources, adoption of different definitions and/or data collection practices High opportunities from the development of technical instruments for the registration, gathering and linkage of data 15