|Abstract:||Through the eyes of many people who know it only from afar, the community of countries of the old continent is a promised land of milk and honey and hope for a better life for anyone that is willing to work. But is that really the case or are we sinking into even deeper issues because of people's misconceptions and our unwillingness?
The right of asylum was established in the middle of the 20th century considering the Geneva convention and the Protocol relating to the Status of Refugees, namely in accordance with the 18th article of the Charter of Fundamental Rights of the European Union. The latest issues of the European Union are definitely not insignificant, but one of the most serious ones is the issue of illegal immigration. Just in 2014 alone there were 626 thousand asylum seekers in the countries of the European Union, which was the highest number since 1992, when there were 670 thousand asylum seekers due to war in former Yugoslavia. The newest data for the year 2015 show that there were almost 1,3 million asylum seekers in the countries of the European Union, which is two times the amount of the year before. Europe, which is in close geographic proximity of modern crisis areas, areas of migration, is having an increasingly hard time dealing with this issue, which is the subject of many discussions and decision-makings. A desire for a better life is the reason behind the decisions of third world countries' citizens to leave their home countries and embark on a journey towards Europe.
Expressions such as refugee, asylum seeker, international protection and subsidiary protection are an everyday regularity. Such similar, but also different expressions are often wrongly interpreted. Because these expressions are used through out the whole diploma thesis, we are going to explain them right here in the introduction.
Expressions asylum seeker and refugee are not synonyms. An asylum seeker is a person who claims to be a refugee and is seeking international protection due to persecution or war in his/her country of origin. Each person who has been recognised as having refugee status was also an asylum seeker in the beginning. However, every asylum seeker will not be granted refugee status. Asylum seekers are thus persons who are waiting for the final decision of authorities of member states, who are responsible for such decision-making.
Expressions such as international protection are also used often. Expressions international protection and asylum are synonyms.
After a person files an application and becomes an asylum seeker, it does not mean that it reflects an assumption of the final decision concerning a possible recognition of refugee status, but it lets us know that the person filed an application for asylum.
However, refugee status is not the only type of international protection that an applicant can obtain. Another type is subsidiary protection, which is given to a person that does not present sufficient and credible reasons to acquire refugee status, but if the person were to return to his/her native country there would be a chance of serious damage in the form of death penalty, torture or inhumane or degrading treatment.
Considering special circumstances, entitlement to international protection is assessed through prospective procedures as part of national asylum systems. Effective asylum system provides quick and impartial operation and ensures that each asylum seeker who effectively needs international protection will receive it. This type of system also prevents those who do not need protection from having any kind of benefits (for example: economic migrants). If during the procedure itself it is established that a person is not a refugee or does not need international protection, competent authorities will send him/her back to the country of origin.|