In 2015, deadly incidents of migrant smuggling in the Mediterranean were daily covered by everyday newspapers. Empirical research has shown that migrants themselves may be involved in these smuggling operations. If they apply for refugee protection, they may be excluded from refugee status under Article 1F of the Refugee Convention. Article 1F(b) excludes asylum seekers from international protection if serious reasons exist to consider that they have committed serious non-political crimes. This contribution discusses whether migrant smuggling can be considered as such and whether various forms of participation in smuggling operations give rise to individual responsibility and trigger application of article 1F(b).

The inclusion of biometric data in EU border controls reflects a shift from immigration management as an original purpose by making control and identification of individuals a top priority. It also shows a preference for biometrical data as part of the European security strategy. This article elaborates on these so-called ‘EU Smart borders’ and focusses on the different existing central information systems including these data.