Glossary

In the EU migration context, a third-country national holding an appropriate higher education qualification, which gives access to doctoral programmes, who is selected by a research organisation for carrying out a research project for which the above qualification is normally required.

In the context of a refugee, a right provisioned in Art. 23 of Directive 2011/95/EU (Recast Qualification Directive) and in Art. 12 of Directive 2013/33/EU (Recast Reception Conditions Directive) obliging EU Member States to ensure that family unity can be maintained.

A right enshrined in Arts. 7, 9 and 33 of the Charter of Fundamental Rights of the European Union and Art. 8 of the European Convention on Human Rights (ECHR).

The right of a person to seek asylum, guaranteed with due respect by the rules of the Geneva Refugee Convention and Protocol and in accordance with the Treaty on the Functioning of the European Union (TFEU).

A document issued by the authorities of an EU Member State authorising a third-country national to stay in its territory, including the documents substantiating the authorisation to remain in the territory under temporary protection arrangements or until the circumstances preventing a removal order from being carried out no longer apply, with the exception of visas and residence authorisations issued during the period required to determine the responsible EU Member State as established in Regulation (EU) No 604/2013 (Dublin III Regulation) or during examination of an application for international protection or an application for a residence permit.

Derived by EMN from Art. 2(l) of Regulation (EU) No 604/2013 (Dublin III Regulation)

The right to regularly reside in a given country, according to the migration law of that country.

Developed by EMN

A mechanism providing rapid operational assistance for a limited period to a requesting EU Member State facing a situation of urgent and exceptional pressure at points of the external EU borders from large numbers of third-country nationals trying to enter the territory of the EU Member State illegally.

Art. 1(1) of Council Regulation (EC) No 863/2007 (Rapid Border Intervention Teams Regulation)

An administrative or judicial decision or act, stating or declaring the stay of a third-country national to be illegal and imposing or stating an obligation to return.

Art. 3(4) of Council Directive 2008/115/EC (Return Directive)

The full set of measures that EU Member States grant to applicants for international protection.

A location with facilities for receiving, processing and attending to the immediate needs of refugees or asylum seekers as they arrive in a country of asylum.

All forms of premises used for the housing of applicants for international protection and other categories of migrants and refugees.

Developed by EMN

The right of the State, in virtue of its territorial sovereignty and in the exercise of its discretion, to allow a non-national to enter and reside, and to resist the exercise of jurisdiction by any State over that individual.

UNHCR International Thesaurus of Refugee Terminology

The body of customary international and European Union (EU) law and instruments that establish standards for refugee protection.

The recognition by an EU Member State of a third-country national or stateless person as a refugee.

An administrative or judicial decision or act ordering a removal.

For some EU Member States, a return decision and removal order may occur within one administrative or judicial act as provided for in their national legislation.

Art. 8(3) of Directive 2008/115/EC (Return Directive)

To remain in the territory, including at the border or in transit zones, of the EU Member State in which the application for international protection has been made or is being examined.

Any authorisation issued by the authorities of an EU Member State allowing a non-EU national to stay legally in its territory, in accordance with the provisions of Regulation (EU) No 265/2010 (Long Stay Visa Regulation).

DG HOME e-Library Glossary

The right of EU citizens and legally resident third-country nationals (in accordance with the Treaty establishing the European Community) to move and reside freely within the territory of the EU Member States.

Art. 3(5) of Directive 2008/115/EC (Return Directive)

Programme to support (e.g. financial, organisational, counselling) the return, possibly including reintegration measures, of a returnee by the State or by a third party, for example an international organisation.

A person going from a host country back to a country of origin, country of nationality or habitual residence usually after spending a significant period of time in the host country whether voluntary or forced, assisted or spontaneous.

The definition covers all categories of migrants (persons who have resided legally in a country as well as failed asylum seekers) and different ways the return is implemented (e.g. voluntary, forced, assisted and spontaneous). It does not cover stays shorter than three months (such as holiday visits or business meetings and other visits typically considered to be for a period of time of less than three months).

A person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in Directive 2013/32/EU (Recast Asylum Procedures Directive) with a view to ensuring the best interests of the child and exercising legal capacity for the minor where necessary.

Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out the duties of representative in respect of the unaccompanied minor.

A third-country national who has been admitted to the territory of an EU Member State for a training period with remuneration in accordance with its national legislation.

A person covered by a first instance decision rejecting an application for international protection, including decisions considering applications as inadmissible or as unfounded and decisions under priority and accelerated procedures, taken by administrative or judicial bodies during the reference period.

Art. 4(2a) of Regulation 862/2007 (Migration Statistics Regulation)

The personal right of a refugee or a prisoner of war to return to their country of nationality under specific conditions laid down in various international instruments and human rights instruments as well as in customary international law.

IOM Glossary on Migration, 2nd ed., 2011

Re-inclusion or re-incorporation of a person into a group or a process, e.g. of a migrant into the society of their country of return.

In the EU context, state procedure by which illegally staying third-country nationals are awarded a legal status.

ICMPD: Study on Regularisations in Europe, 2009

A programme designed to enhance the capacity of non-EU countries in the regions from which many refugees originate, or through which they pass in transit, with the aim to improve refugee protection through durable solutions (return, local integration and resettlement in a third country).

Derived by EMN from the Communication from the Commission to the Council and the European Parliament on regional protection programmes, COM(2005) 388 final

Risk of serious harm experienced by an applicant for international protection which is considered to be both real and likely to occur.

Developed by EMN

An agreement between the European Union (EU) and / or an EU Member State with a third country, on the basis of reciprocity, establishing rapid and effective procedures for the identification and safe and orderly return of persons who do not, or no longer, fulfil the conditions for entry to, presence in, or residence in the territories of the third country or one of the EU Member States, and to facilitate the transit of such persons in a spirit of cooperation.

Preamble to EU Readmission Agreements (e.g. EU Readmission Agreement with Serbia)

Ideas or theories of superiority of one race or group of persons of one colour or ethnic origin.

Art. 4 of UN Convention on the Elimination of All Forms of Racial Discrimination

Any distinction, exclusion, restriction or preference based on race, colour, descent, or national or ethnic origin which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.

Art. 1(1) of UN Convention on the Elimination of All Forms of Racial Discrimination