Luxembourg's refugee council, the Lëtzebuerger Flüchtlingsrot (LFR), has reacted to recent changes to the Grand Duchy's migration chapter of the coalition agreement.
This is a summary of the main points analysed by the LFR and does not represent a complete analysis of the LFR of the migration chapter of the coalition agreement. The complete analysis can be found on the LFR website www.lfr.lu.
Procedure and deadlines
“The procedure for applying for international protection must be as short as possible.”
A faster and more efficient procedure can only take place if fundamental rights and special procedural guarantees offered to applicants are respected. The LFR emphasised that current laws already provide for strict deadlines as to the maximum duration of the first instance procedure and noted they “encourage the authorities to respect them”.
Use of DNA tests and determination of the age of the applicant for international protection
“The administration may use all appropriate methods to define the age of an asylum seeker.”
The LFR stressed that this recourse must be done within the limits of what is strictly necessary and within rigorous supervision. The High Commissioner for Refugees invites States to establish clear criteria to define the situations in which the use of DNA is necessary.
The LFR emphasised that individuals undergoing these tests should receive adequate support both before and after the process. It was stressed that they need to fully comprehend the purpose of the tests, their rights in the procedure, and the implications of the results. The council highlighted the importance of ensuring that everyone can provide their complete and informed consent before the execution of the tests.
Accommodation structures
The Government “will study the possibility of financially supporting people who have been hosting DPI, BPI or BPT3 for more than 6 months.”
The LFR expressed appreciation for the measure that eases integration but urged the establishment of a legal framework for financial support, including tax relief for host families. They emphasised the importance of a meticulous selection process for host families and the need for proper supervision.
“BPIs living in ONA structures will no longer be able to benefit from the entire amount of social inclusion income (REVIS). Part of the REVIS will be retained to pay the rent to ONA.”
The LFR expressed strong opposition to this proposal, emphasising that it goes against the empowerment of individuals. It was underscored that every person residing in National Reception Office (ONA) structures, with a residence permit (international protection or other), already contributes through "monthly occupancy allowances" following the signing of a " unilateral commitment " to vacate the provided accommodation. The LFR expressed significant reservations regarding the generalisation of this practice, pointing out that a unilateral commitment lacks the legal protection associated with a lease contract. Given the government's use of the term "rent" in this context, the LFR requested the signing of lease contracts between the ONA and each individual required to pay occupancy compensation, aiming to provide greater legal certainty for those involved.
Strengthening the employability of those welcomed
“Four months after submitting their application for international protection, IPR [international protection applicants] will be able to conclude an employment contract in areas with a severe labour shortage.”
The LFR stressed that it supports the need to reform the temporary occupation authorisation (AOT) procedure. Particularly to make possible access to the immediate job market, for applicants for international protection who are ready to enter the job market, and not only after four months, for those who can exercise a profession considered to be in high shortage in Luxembourg.
The LFR found that two points were missing from the coalition agreement, namely “minors seeking international protection” and people with vulnerabilities making it difficult for them to answer for themselves, due to the suffered distress and trauma.
The LFR emphasised that Luxembourg has ratified the Convention on the Rights of the Child, which mandates the prioritisation of the best interests of the child in all decisions related to them. The LFR proposed that, before treating a minor as an applicant for international protection, they should be recognised first and foremost as a child, with their needs assessed accordingly. The recent unregulated practice, where the National Office for Children (ONE) assumes responsibility from the ONA for certain minors, was highlighted as a practice that can be discontinued at any time. The LFR suggested that the generalisation of this transfer of responsibilities should be accomplished through a reform of the relevant legislation.
Regarding vulnerabilities, the LFR stressed that people who have suffered violations affecting their physical and/or psychological integrity are often not able to report for themselves the distress and trauma they have suffered. The LFR emphasised the importance of initial and continuing training to enable better detection of vulnerabilities. The LFR highlighted the need to guarantee appropriate support and ensure procedural guarantees for vulnerable applicants for international protection.
