EU deal on ‘safe third countries’ for asylum
The European Parliament and EU governments have reached a provisional agreement on new rules that would allow member states to send international-protection applicants to ‘safe third countries’.
The rules would allow member states to consider an asylum application inadmissible when applicants could receive effective protection in a third country that is considered safe for them.
The European Commission, which made the proposal earlier this year, has welcomed the deal, which must now be formally adopted by MEPs and the EU Council.
Connection
Under current EU law, the asylum authorities must prove a connection between the applicant and the third country concerned. Such a connection will no longer be mandatory under the new system.
The commission said that member states would have more flexibility and be able to apply the ‘safe third country’ concept if one of three criteria in the Asylum Procedure Regulation were met:
- There is a connection between the asylum applicant and the safe third country,
- Applicants have transited through a third country on the way to the EU, where they could have requested effective protection, and
- Where there is no connection or transit, an agreement or arrangement exists with a third country at bilateral, multilateral, or EU level for the admission of asylum seekers (this option will not apply to unaccompanied minors).
‘Safeguards’
In addition, appeals against inadmissibility decisions based on the ‘safe third country’ concept will no longer automatically allow the applicant to remain in member states pending the examination of the appeal.
The commission said that “strong safeguards” remained in place.
“Under EU law, third countries can be considered safe only when their national systems can process applications and provide effective protection where needed, ensuring protection against refoulement and absence of risks of persecution, threat to life, or inhuman or degrading treatment,” it stated.