The provision of a safe country in the EU migration law allows EU to reject the asylum application in the event that the applicant may receive effective protection in the third country (one that is neither the EU country, nor is a country of origin), considered safe for him.
EU law currently requires asylum authorities have proved that the applicant has connections with the third countryif he decides to unwind the application. This connection can be established on various grounds – it can be, for example, a previous place of residence or a country where the applicant has a family.
Safe third states. EC wants to change the regulations
The change proposed on Tuesday assumes that now the requirement to link the applicant for asylum with a safe third country to which it can be sent back, will not be mandatory. A sufficient relationship may be, for example, that this country was a place of migrant transit.
In addition, the EC proposal assumes that even if a safe third country was not a transit point, the applicant may be sent to it, If a special contract has been concluded with this. Agreements with third countries They will be able to include member states individuallyhowever, the EC will have an insight into them so as to ensure that they are in accordance with EU law and provide sufficient protection.
The EC also suggests that appeals against the decision on not asylum on the basis of the provisions on the third country should not be associated with the automatic suspension of this decision, as it is now.
Brussels argues that this solution is to help in more effectively processing applications to countries that struggle with high migration pressure. Changes in provisions regarding third countries are provided for in the EU migration and asylum, which was adopted in 2024.
NGOs believe that this proposal is Another attempt to evade the EU to liability on the protection of refugees and weakens human rights.
“Sending people to countries with which they have no connections, support system and prospects (…) is not only chaotic and arbitrary, but also human destructive” – Amnesty International said on Tuesday.