After Screening: What Happens Next under the EU Pact on Migration and Asylum?

SERIES: EU Pact on Migration and Asylum

The initial screening is the first step in the new  EU Pact on Migration and Asylum, then comes several possible follow-up procedures. Screening is therefore not the final stage, but rather a sorting mechanism that determines what happens next to people arriving irregularly at the EU’s external borders.

This article focuses on the three main procedures that may follow screening: the regular asylum procedure, the asylum border procedure and the return procedure. These procedures are presented by the EU as a way to make the asylum system faster and more efficient. However, they also raise important concerns about fairness, access to protection and fundamental rights.

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1. The Regular Asylum Procedure

The Regular Asylum Procedure is the standard procedure for examining an application for international protection. It applies when an asylum seeker is not placed in the border procedure, or when their case requires a more complete assessment.

In this procedure, the authorities examine whether the person qualifies for refugee status or subsidiary protection. The applicant should have access to important guarantees, such as information, interpretation, a personal interview, legal assistance, and the right to appeal a negative decision.

This procedure is important because many asylum claims are complex. People may have fled war, political persecution, gender-based violence, torture or other serious risks. Their situation cannot always be understood quickly at the border.

From a critical perspective, the regular procedure offers stronger safeguards than accelerated procedures. However, there is a risk that the new Pact will push more people into faster border procedures instead. If this happens, the regular asylum procedure may become less accessible for people who actually need a full and individual assessment.

2. The Asylum Border Procedure

The Asylum Border Procedure allows Member States to examine certain asylum applications directly at the EU’s external borders, in transit zones, or in facilities near the border. In this procedure, the person may be considered as not having formally entered the territory, even though they are physically present there. This is often called the fiction of non-entry.

The border procedure is mainly intended for cases that the authorities consider easier or faster to decide. It may apply, for example, when an applicant comes from a country with a low recognition rate, when the application is considered unfounded or inadmissible, or when the person is seen as a security risk.

The objective is to decide quickly whether the person should receive protection or be returned.

However, this procedure is one of the most controversial parts of the Pact. A fast procedure may not give applicants enough time to explain their story, gather evidence, or receive legal advice. This is especially problematic for vulnerable people, such as children, victims of trafficking, survivors of torture, or people with mental health difficulties.

Another concern is that the border procedure may lead to detention-like conditions. Even if people are not officially detained, they may be kept in closed or isolated facilities with limited freedom of movement. This could make it harder for them to contact lawyers, NGOs, or family members.

The risk is that the asylum border procedure may prioritise speed and border control over the right to a fair and individual examination.

3. The Return Procedure

The return procedure applies when a person does not apply for asylum, withdraws their application, or receives a final negative decision. In this case, the Member State may issue a return decision, asking the person to leave the EU.

Under the Pact, there is also a specific return border procedure. It applies when someone’s asylum application has been rejected in the border procedure. The aim is to connect the asylum decision and the return decision more quickly.

For the EU, return is a central part of migration policy. The idea is that people who have a right to protection should be allowed to stay, while those who do not have a right to remain should be returned.

However, returning is not always simple. It depends on cooperation with countries of origin, the availability of travel documents and the individual situation of the person concerned. Most importantly, return must always respect the principle of non-refoulement, which prohibits sending someone back to a country where they may face persecution, torture, or serious harm.

A critical issue is that faster return procedures may increase the risk of mistakes. If a person is removed too quickly, before their appeal or personal circumstances are properly considered, their fundamental rights may be violated. Return procedures can also involve detention, which should only be used as a last resort and for the shortest possible time.

After screening, the EU Pact on Migration and Asylum directs people towards different procedures. They are designed to make the asylum system faster and more effective.However, speed should not come at the cost of fundamental rights. The success of the Pact will depend on how Member States implement these procedures in practice. Access to legal assistance, proper vulnerability assessments, humane reception conditions and effective appeals will be crucial.

Ultimately, the EU must ensure that migration management does not undermine the right to asylum. A fair system should not only be efficient, it must also protect people who are at risk and respect their dignity.