I can reply concerning the legal framework in the European Union.
No, refugees are not to be penalized due to the way they arrive. So if they are regular migrants who arrive irregularly, they should not be penalized. There are also specific provisions saying that an asylum seeker should not be detained only because he or she arrived irregularly and applied for asylum.
No, we don't have these kinds of differentiations based on regular entry or irregular entry in terms of rights for asylum seekers and refugees.