# Recital (60)

AI systems used in migration, asylum and border control management affect persons who are often in particularly 
vulnerable position and who are dependent on the outcome of the actions of the competent public authorities. The 
accuracy, non-discriminatory nature and transparency of the AI systems used in those contexts are therefore 
particularly important to guarantee respect for the fundamental rights of the affected persons, in particular their 
rights to free movement, non-discrimination, protection of private life and personal data, international protection 
and good administration. It is therefore appropriate to classify as high-risk, insofar as their use is permitted under 
relevant Union and national law, AI systems intended to be used by or on behalf of competent public authorities or 
by Union institutions, bodies, offices or agencies charged with tasks in the fields of migration, asylum and border 
control management as polygraphs and similar tools, for assessing certain risks posed by natural persons entering 
the territory of a Member State or applying for visa or asylum, for assisting competent public authorities for the 
examination, including related assessment of the reliability of evidence, of applications for asylum, visa and residence 
permits and associated complaints with regard to the objective to establish the eligibility of the natural persons 
applying for a status, for the purpose of detecting, recognising or identifying natural persons in the context of 
migration, asylum and border control management, with the exception of verification of travel documents. AI 
systems in the area of migration, asylum and border control management covered by this Regulation should comply 
with the relevant procedural requirements set by the Regulation (EC) No 810/2009 of the European Parliament and 

of the Council (32), the Directive 2013/32/EU of the European Parliament and of the Council (33), and other relevant 
Union law. The use of AI systems in migration, asylum and border control management should, in no circumstances, 
be used by Member States or Union institutions, bodies, offices or agencies as a means to circumvent their 
international obligations under the UN Convention relating to the Status of Refugees done at Geneva on 28 July 
1951 as amended by the Protocol of 31 January 1967. Nor should they be used to in any way infringe on the 
principle of non-refoulement, or to deny safe and effective legal avenues into the territory of the Union, including 
the right to international protection.

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Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/recital/60