A/HRC/44/23 79. Since 2018, voluntary humanitarian repatriations have facilitated the return of Eritrean migrants and refugees from Libya to Eritrea. The Special Rapporteur has received information that some of those repatriated from Libya in 2019 have since fled Eritrea for fear of retaliation by the Eritrean authorities. She is following up on allegations that the authorities have penalized several of those who have been repatriated from Libya. B. Asylum policies applicable to Eritrean asylum seekers 80. A significant number of Eritreans continue to seek asylum in Europe. Between the fourth quarter of 2018 and the fourth quarter of 2019, 12,225 Eritreans sought asylum for the first time in the European Union. 36 According to Eurostat, in the fourth quarter of 2019, the highest numbers of those asylum applications were registered in Germany, followed by France, Belgium, Sweden and Denmark. 37 In 2019, self-claimed unaccompanied minors represented 8 per cent of Eritrean asylum applicants in 2019. 38 The recognition rate for refugee status and subsidiary protection for Eritreans in the European Union was roughly 81 per cent.39 81. In previous reports, the Special Rapporteur has documented changes in the protection policies for Eritrean asylum seekers in several countries (A/HRC/41/53, paras. 73–74). The tightening of asylum regulations applicable to Eritrean asylum seekers remains a concern. 82. Since 2016, the German Federal Office for Migration and Refugees has changed its decision-making practice with regard to Eritrean asylum claims, resulting in Eritrean asylum seekers often only being granted subsidiary protection instead of refugee status. 40 Some German courts have adopted this practice. For instance, in July 2019, the Higher Administrative Court of Hesse ruled that leaving Eritrea illegally or deserting or evading the national/military service, in themselves, were insufficient grounds for obtaining asylum.41 83. In Switzerland, Eritrea was the top country of origin of asylum seekers in 2019. 42 Since 2017, Swiss migration authorities have applied stricter admission criteria in assessing the protection provided to Eritrean asylum seekers (A/HRC/41/53, para. 74). According to official statistics of the State Secretariat for Migration, in 2019, the total recognition rate for asylum for Eritreans was 67.8 per cent, 43 and a total of 673 temporary admissions were lifted for Eritreans.44 According to data from the State Secretariat for Migration, by late October 2019, 82 temporary admission permits had been revoked during an assessment process carried out in 2018 and 2019, in which some 3,000 cases were examined. The Special Rapporteur is concerned that, while holders of cancelled temporary permits benefit from emergency aid, they no longer have access to education and work and have limited means of subsistence. She is also concerned about the uncertain situation of a large number 36 37 38 39 40 41 42 43 44 16 Eurostat, Statistics Explained, Table 1: First time asylum applicants in the EU-27 by citizenship. Available at the Eurostat web page (https://ec.europa.eu/eurostat/home?). Eurostat, Statistics Explained, Table 4: Thirty main citizenships of first-time asylum applicants by destination country in the EU 27, 4th quarter. Available at the Eurostat web page (https://ec.europa.eu/eurostat/home?). Self-claimed unaccompanied minors represent the asylum applicants claiming to be below 18 years of age. These figures represent a conservative estimate of the actual proportion of unaccompanied minors seeking asylum. See European Asylum Support Office, “2019 EU asylum trends”, p. 3 and endnote 4. Available at www.easo.europa.eu/sites/default/files/easo-eu-2019-asylum-trends.pdf. The recognition rate varied from 71 to 86 per cent, depending on the country where the asylum decision was issued. Ibid., pp. 1 and 5. See www.asyl.net/view/detail/News/rechtsprechungsuebersicht-welcher-schutzstatus-ist-beientziehung-vom-nationaldienst-in-eritrea-zu-g/ (in German). Case 10 A 797/18.A, Judgement, 30 July 2019. Available at: www.rv.hessenrecht.hessen.de/ bshe/document/LARE190035777 (in German). Switzerland, State Secretariat for Migration, “Statistique en matière d’asile, (31 January 2020)”, p. 4. Available at www.sem.admin.ch/dam/data/sem/publiservice/statistik/asylstatistik/2019/stat-jahr2019-kommentar-f.pdf. Ibid., p. 18. The rate of recognition for protection was 85.1 per cent. Ibid., p. 19.