High-risk § 3.7

Point 7 of Annex III AI Act lists four high-risk use cases of AI systems intended to be used in the field of migration, asylum, and border control management. As explained in Recital 60 AI Act, AI systems used in these fields affect people who may be in a particularly vulnerable position and whose treatment can determine access to a territory, international protection, residence, detention or return. Such uses therefore carry significant implications for the entry and stay of individuals in the territory of the EU and their safety and fundamental rights. Any deployment of an AI system in this field must also comply with the applicable EU rules and procedures on asylum, visas , and border-management and fully respect the GDPR/EUDPR and the Charter, including the principle of non-refoulement and the right to international protection , as well as the Member States’ obligations under the 1951 Refugee Convention and its 1967 Protocol . In t he AI Ac t, the EU legislature has emphasised that accuracy, non-discrimination, and transparency are particularly important to safeguard fundamental rights, maintain public trust, and ensure effective remedies. As explained in Section 2.6 above, the fact that an AI system is classified as a high-risk AI system under these use cases should not be understood to mean that the use of the system is lawful under other acts of Union law or under national law compatible with Union law.