Safe third country concept in the EU pact on migration and asylum | Think Tank | Parlamento Europeo

Safe third country concept in the EU pact on migration and asylum | Think Tank | Parlamento Europeo

 

The safe third country (STC) concept is well established in international asylum policies. 

According to the concept, certain migrants should not be granted protection in the country where they have applied for it. 

Instead, they may be returned, or transferred, to a country where they could have found, or can find, international protection. 

Amid ongoing EU-level discussions on safe third country rules, in 2018 the United Nations Refugee Agency developed legal considerations on safe third countries. 

Within the framework of the body of EU law on asylum, the STC concept is based on the assumption that certain third (i.e. non-EU) countries can be designated as safe for applicants seeking international protection, under specific conditions. 

The concept builds on cooperation with third countries in a bid to reduce irregular arrivals and increase return rates. 

It seeks to speed up the processing of the claims of asylum applicants arriving from safe third countries, to prevent overburdening national asylum systems. 

The recently adopted Asylum Procedure Regulation provides for broader applicability of safe country clauses. 

This concerns, in particular, four aspects: (i) the safety assessment when applying the STC concept; (ii) interpretation of the 'connection requirement', i.e. the connection between an asylum seeker and a third country, when readmitting an applicant to a designated STC; (iii) the option to designate a third country as safe with territorial limitations or to exclude certain vulnerable groups from such a designation; and (iv) the creation of a common EU list of STCs in addition to national lists. 

The success of any STC scheme relies on third countries' cooperation, something that can be challenging to obtain. 

To counter criticisms of burden shifting and to boost the viability of STC schemes, the EU must demonstrate solidarity through burden sharing. 

Furthermore, many potentially safe third countries lack asylum laws and administrative frameworks. Consequently, they would likely require substantial support from external partners. (...)