Ad Hoc Query on mechanisms for verifying actual residence in allocated asylum accommodation
This ad hoc query examines whether EMN Member and Observer Countries use mechanisms to verify that applicants are genuinely residing in the allocated accommodation. It explores how these mechanisms are implemented, whether vulnerability criteria are considered, and the rules for determining if accommodation has been abandoned and if residents can challenge such assessments. It also looks into whether these mechanisms have led to legal challenges, particularly regarding data protection.
Background:
Since 2022, Ireland’s International Protection Accommodation Service (IPAS) has faced significant asylum pressures, and as a result, has been unable to provide accommodation to some applicants since December 2023, offering an increased allowance instead.
In response, IPAS introduced a new absence policy to ensure the efficient use of beds within accommodation centres, making it crucial that absences are accurately assessed. Ireland has launched this ad hoc query to better understand how this is managed in other countries.
Respondents:
25 EMN Member and Observer Countries provided a public answer to this ad hoc query.
Findings:
A preliminary analysis of the ad hoc query results shows that:
- All the respondent EMN Member and Observer Countries have a system in place to verify the presence of applicants for international protection in their accommodation facilities. This system can be more informal, as seen in FI, where proxy measures are used instead of a specific, official system.
- In most countries, the verification of applicants’ presence occurs through direct control by on-site staff, electronic checks when they leave or enter the centre, or both. Some countries employ security companies based in reception facilities, where their mandate includes controlling the exits and entrances of applicants (e.g. in BG). Other examples of such systems include those in PL, where absences are monitored during meal distribution.
- The duration of absence that determines when an applicant is considered to have abandoned the facility generally ranges from 2 to 15 days, with the consequences varying between countries. In most countries, there is no effect on the international application procedure, but the person is deregistered from the reception facility. In some countries, including BE, the person can reapply for reception, but, if there a waiting list, the person will be placed on it again.
- Generally, the policy for managing applicants' absences does not change based on their characteristics or possible vulnerabilities. However, the majority of countries explain that decisions regarding the restriction of material conditions after an absence will be made on an individual basis. In some countries, applicants' vulnerability (e.g. age) affects the frequency of checks (e.g., in MT).
- Few countries (LU, IE, ES) have faced legal challenges regarding data protection in relation to the monitoring of applicants' absences/residences.
For further information, please read the compilation of answers attached above.