Refugee families are being separated and finding it difficult to reunite amid the current global crisis – and EU nations’ migration policies are making things worse, a new report has found.

The European Agency for Fundamental Rights (FRA) has reported this month on issues around family tracing and reunification.

The FRA report shows there are a number of practical obstacles that impede family tracing, which include the lack of documentation among migrants, the slow identification of those who have died while crossing the Mediterranean Sea and errors in processing names.

It says that no available systematic and reliable data exists on the number of asylum seekers who arrive in EU member states.

“There are also no exact numbers of requests for family reunification. Besides, some member states have been recently changing their policies and practices, making the process for applying for family reunification more complicated,” the report says.

“For instance, some of them have reduced the timeframe within which it is possible to apply for family reunification. The absence of valid travel documents, the cost of processing documentation including translation, and the lack of legal assistance represent other additional obstacles for refugees’ and migrants’ families.”

Previous FRA reports have identified the risk refugee and migrant families face of being split up during their journeys to the EU.

Over a third of new arrivals in the past year were children, who often arrive unaccompanied as they become separated from their family.

The FRA report says respect for family life is a fundamental right guaranteed in the EU.

Family reunification is an important enabler of this and facilitates the longer term integration of migrants into society. However, the current situation is putting this right to the test as some member states have made reunification more difficult, the report says.

The report outlines the challenges and good practices related to family tracing and reunification that can help the development of effective rights-compliant solutions.

It found that most member states use the Red Cross’ fundamental rights-compliant tool ‘Trace the Face’ to search for family members. Refugees and migrants mainly use social media networks, online databases and the Red Cross tool to trace family members.

“However, practical obstacles impede family tracing. These include a lack of documentation among migrants, errors in processing names, the speed with which migrants move between countries, and the slow identification of those who have died crossing the Mediterranean. In addition, although national offices of the Red Cross play a leading role in family tracing, in most Member States there is no NGO specifically responsible for this,” the report said.

“There are no systematic and reliable data on how many asylum seekers arrive with or without their family, nor on the exact number of requests for family reunification.

“Some Member States have reduced the timeframe for applying for family reunification or have made the process more complicated. The dissemination of information about family reunification also varies from Member State to Member State. Additional obstacles include the length of proceedings, the absence of valid travel documents, the cost of processing documentation including translation, and limited access to legal assistance,” the report said.

The report said that under the EU’s Dublin Regulation for determining which member state is responsible for examining asylum applications, family considerations such as keeping families together can be taken into account.

But it says practical, legal and administrative obstacles can impede such considerations. These include a lack of information about the process, the absence of proof of family relationships, and long and complex procedures with no chance to appeal decisions.

The report says that overall, family reunification seems to have become more difficult due to the recent changes in member states’ policies and practices.

“Family tracing, which is often the necessary first step before applying for family reunification, is complicated for various reasons, despite some promising practices,” it said.

The report said more precise and specific data would be needed to better assess national practices on family reunification and family tracing and to develop effective solutions in line with fundamental rights at EU and member state levels.

FRA is one of the EU’s decentralised agencies. These agencies are set up to provide expert advice to the institutions of the EU and the member states on a range of issues.

The FRA helps to ensure that the fundamental rights of people living in the EU are protected.

EU fundamental rights set out minimum standards to ensure that a person is treated with dignity. Whether this is the right to be free from discrimination on the basis of age, disability or ethnic background, the right to the protection of personal data, or the right to access to justice, it is an EU principle that these rights should all be promoted and protected.

Laurie Nowell
AMES Australia Senior Journalist