In the case that a migrant does not get accepted as an asylum, they may be expelled outside the EU. Asylum is the protection granted by a state to someone who has left their home country as a political refugee.

Many lack passports or other ID, having risked their lives in the Mediterranean and Balkans, on long journeys abused and exploited by criminal gangs. The act of establishing nationality can be a long daunting process - and those decisions can be disputed by countries asked to take migrants back. Many migrants reaching the EU from sub-Saharan Africa or the Western Balkans fail to get asylum, as they are classed as economic migrants. One of the incentives however for irregular migrants is the fact that fewer than half of failed asylum seekers are actually expelled.

If their identity is considered not confirmed and after the court's negative ruling against their permit to stay within an EU country they were not able to wait until successful cancellation of the court decision based on the applicant's disagreement and consequent application agains the court ruling.

There could be a legislative change within a country requiring expulsion of migrants outside the EU based on many different factors that the country could consider substantial ranging from national security matters to inability to offer any form of support to them.