This article deals with the phenomenon of irregular immigration in Albania most specifically regarding the rights of asylum seekers and refugees. This topic is directly linked with the subject of Human Rights, being a fundamental value and a goal to be accomplished regulated through international Conventions, international organizations such as Council of Europe and European Union itself. Being a candidate state waiting for the negotiation to be opened, it implies that Albania should align its legal and institutional framework to the EU requirements and criteria. This includes the legislation on migration, in all its aspects: emigration and immigration, regular and irregular, asylum procedures, reception conditions and integration process for foreigners. This article is divided in 3 paragraphs through which it is attempted to explore the subject matter. More specifically, Paragraph II provides an introduction of the international legal framework; third paragraph gives a broad picture of EU acquis on Asylum policy and main directives; and fourth paragraph tends to assess the Albanian legal framework and its compatibility with EU acquis and the ECHR.