UNHCR releases study on implementation of EU Qualification Directive

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The UN High Commission for Refugees (UNHCR) released on Tuesday a study on the implementation of the EU Qualification Directive, which concludes that, while the consistency of decision-making among member states has improved on some issues, there are still great differences on others.

According to a press release, the Directive, adopted by the EU in 2004, is considered one of the building blocks of the Common European Asylum System. It sets out the criteria EU member states must use to decide whether an asylum seeker is entitled to international protection, and what kind of protection he or she receives, be it refugee status or a subsidiary form of protection.

The study examines how key provisions of this directive are implemented in five EU member states, namely France, Germany, Greece, Slovak Republic and Sweden, which together received nearly 50% of all asylum applications in the EU last year.

Between March and July this year, UNHCR-appointed researchers examined more than 1,400 individual asylum decisions and interviewed officials, lawyers and representatives of non-governmental organisations. The asylum decisions concerned applicants from countries such as Afghanistan, Colombia, Iraq and the Russian Federation.

The study concludes that, while the consistency of decision-making among member states has improved on some issues, there are still great differences on others.

”For instance, in the past, not all member states granted protection to people persecuted or at risk from non-state actors, such as militia, clans and families, but now they generally do so. However, states still have very different approaches in issues such as internal protection, whereby a person at risk could find safety in another part of his or her country of origin,” UNHCR Regional Representative Judith Kumin said.

The study concluded that much more needs to be done if the EU is to achieve a common approach to asylum claims. Therefore, this study includes recommendations to the European Council, member states and the European Commission.