Press release: Serious maladministration in EU asylum agency’s processes confirmed

 

On 6 July 2026, the European Ombudsman published its recommendations to the European Union Agency for Asylum (EUAA) in our joint complaint of I Have Rights and Avocats Sans Frontières France submitted in January 2024 (Case 229/2024/AML). The complaint was submitted after we documented severe shortcomings in the practices of EUAA’s staff during asylum interviews, especially in regards to identifying survivors of pushbacks and human trafficking.

The European Ombudsman concluded in agreement with us that EUAA personnel were not sufficiently trained to identify and respond to the vulnerabilities of asylum seekers. Furthermore, the Ombudsman found that it was not sufficient for EUAA personnel to merely flag vulnerabilities; they must also ensure appropriate follow-up so that survivors of human trafficking can effectively access the rights and services to which they are entitled, in accordance with their individual circumstances. Consequently, the Ombudsman found maladministration in the way the EUAA organised and supervised these activities, recommending four concrete structural overhauls to force institutional accountability:

  • The EUAA must introduce regular, mandatory training on human trafficking and vulnerability for all caseworkers before they are deployed, ensuring these training requirements are embedded in all future operational plans. 
  • Future operational plans must explicitly detail clear, coordinated measures to safely refer vulnerable individuals and trafficking victims to competent domestic authorities so they receive the assistance they are entitled to.
  • The Agency should not simply transmit information on identified vulnerabilities without ensuring appropriate follow-up. It is required to demand confirmation from national authorities on how flagged vulnerabilities, especially medical needs, are being addressed, and should escalate systemic shortcomings directly to its Management Board.
  • The EUAA must establish an accessible internal procedure and a central point of contact for applicants and NGOs to report interview mistakes. If an error is caught while the EUAA support team still holds the file, it must be rectified immediately. If the file has already been transferred to national authorities, the EUAA must swiftly notify both the applicant and those authorities so the mistake can be formally used to challenge wrongful decisions during upcoming appeals.

 

While we welcome the recommendations of the European Ombudsperson and see it as an important development, our experience on the ground suggests that these shortcomings have not yet been meaningfully addressed. On the contrary, the implementation of the new Pact on Asylum, which entered into force on 12 June, raises serious concerns that safeguards for people arriving in Samos, Greece, and elsewhere in Europe will be further weakened. Possibilities for identifying and recording vulnerabilities are significantly decreasing under the new laws, and simultaneously possible options to legally challenge misregistrations or procedural errors are also decreasing and becoming more limited. This directly contradicts trauma-informed practices, which rely on time to build trust and the availability of safe and appropriate spaces for disclosure. 

 

“We again draw attention to the violence and dangers of closed camp structures for vulnerabilized people and survivors of systemic border violence.”

“In this increasingly hostile environment, where asylum processes grow more restrictive by the day, every win matters. It is essential that all forms of maladministration are exposed and named, but findings like this one must translate into real-world consequences for the people affected, not just institutional promises on paper.” 

Athina Papachristou, supervising lawyer at I Have Rights

 

Worryingly, appeals against asylum rejections may not have automatic suspensive effect on deportation orders. This means that a person, including survivors of trafficking or torture, may face deportation before their claim can be properly reassessed, potentially in violation of the non-refoulement principle which prohibits returning a person to a country where they face a real risk of persecution, torture, inhuman or degrading treatment, or other serious human rights violations. 

 

“Accountability within the EU asylum system cannot stop at national authorities. This is an important reminder that the Common European Asylum System cannot function without effective oversight and accountability. For too long, organisations working alongside asylum seekers have documented systemic shortcomings that undermine procedural fairness and the protection of fundamental rights. The EU Ombudsperson’s recommendations acknowledge that these concerns require structural solutions, not isolated responses. The challenge now is to translate these recommendations into meaningful and lasting change.”

Dimitra Dokanari, Avocats Sans Frontières lawyer

 

It is clear that the fight for a humane and fair migration system must continue. I Have Rights and Avocats Sans Frontières France will closely monitor whether and how EUAA implements the European Ombudsman’s recommendations while continuing to document their implementation in practice and advocate for asylum procedures that fully respect fundamental rights and international protection obligations.