Challenges and practices for establishing applicants’ identity in the migration process

In Luxembourg, the procedure for identity verification/establishment in the context of international protection is separated from the decision-making procedure as such. While the authority for granting international protection status lies with the Ministry in charge of Immigration (Directorate of Immigration), the Judicial Police is in charge of identity verification/establishment. For this means, the applicant will be interviewed with regard to his/her travel itinerary, including questions on border crossing and used means of transports to arrive in Luxembourg.
During the last few years, the large majority of international protection applications in Luxembourg have come from persons originating from the Western Balkan countries (in 2016 they represent 35% of the applicants). Concerning these applicants, most of them (85% to 90%) have presented valid identity documents to the authorities in Luxembourg. However, with the migration crisis there is a growing number of international protection applicants coming from the Middle East and North Africa and who cannot produce valid identity documents.
National authorities have always been confronted with lacking identity documents, predominantly observable among applicants from African countries. In some cases, identity documents were intentionally destroyed or withheld from the authorities in order to avoid being identified. If credible identity documents are lacking, the identification procedure can become complicated and resource consuming, and the responsible authorities, especially the Police, have a limited set of methods and means available (provided for in the Asylum Law).