The concept of first country of asylum
A country can be considered to be a first country of asylum for a particular applicant if:
(a)
he or she has been recognised in that country as a refugee and he or she can still avail himself/herself of that protection; or
(b)
he or she otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement ,
provided that he or she will be readmitted to that country.
In applying the concept of first country of asylum to the particular circumstances of an applicant, Member States may take into account Article 38(1). The applicant shall be allowed to challenge the application of the first country of asylum concept to his or her particular circumstances.
The concept of safe country of origin
1. A third country designated as a safe country of origin in accordance with this Directive may, after an individual examination of the application, be considered as a safe country of origin for a particular applicant only if:
(a)
he or she has the nationality of that country; or
(b)
he or she is a stateless person and was formerly habitually resident in that country,
and he or she has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances and in terms of his or her qualification as a beneficiary of international protection in accordance with Directive 2011/95/EU.
2. Member States shall lay down in national legislation further rules and modalities for the application of the safe country of origin concept.
National designation of third countries as safe countries of origin
1. Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin for the purposes of examining applications for international protection.
2. Member States shall regularly review the situation in third countries designated as safe countries of origin in accordance with this Article.
3. The assessment of whether a country is a safe country of origin in accordance with this Article shall be based on a range of sources of information, including in particular information from other Member States, EASO, UNHCR, the Council of Europe and other relevant international organisations.
4. Member States shall notify to the Commission the countries that are designated as safe countries of origin in accordance with this Article.
The concept of safe third country
1. Member States may apply the safe third country concept only where the competent authorities are satisfied that a person seeking international protection will be treated in accordance with the following principles in the third country concerned:
(a)
life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;
(b)
there is no risk of serious harm as defined in Directive 2011/95/EU;
(c)
the principle of non-refoulement in accordance with the Geneva Convention is respected;
(d)
the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law, is respected; and
(e)
the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention.
2. The application of the safe third country concept shall be subject to rules laid down in national law, including:
(a)
rules requiring a connection between the applicant and the third country concerned on the basis of which it would be reasonable for that person to go to that country;
(b)
rules on the methodology by which the competent authorities satisfy themselves that the safe third country concept may be applied to a particular country or to a particular applicant. Such methodology shall include case-by-case consideration of the safety of the country for a particular applicant and/or national designation of countries considered to be generally safe;
(c)
rules in accordance with international law, allowing an individual examination of whether the third country concerned is safe for a particular applicant which, as a minimum, shall permit the applicant to challenge the application of the safe third country concept on the grounds that the third country is not safe in his or her particular circumstances. The applicant shall also be allowed to challenge the existence of a connection between him or her and the third country in accordance with point (a).
3. When implementing a decision solely based on this Article, Member States shall:
(a)
inform the applicant accordingly; and
(b)
provide him or her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance.
4. Where the third country does not permit the applicant to enter its territory, Member States shall ensure that access to a procedure is given in accordance with the basic principles and guarantees described in Chapter II.
5. Member States shall inform the Commission periodically of the countries to which this concept is applied in accordance with the provisions of this Article.
The concept of European safe third country
1. Member States may provide that no, or no full, examination of the application for international protection and of the safety of the applicant in his or her particular circumstances as described in Chapter II shall take place in cases where a competent authority has established, on the basis of the facts, that the applicant is seeking to enter or has entered illegally into its territory from a safe third country according to paragraph 2.
2. A third country can only be considered as a safe third country for the purposes of paragraph 1 where:
(a)
it has ratified and observes the provisions of the Geneva Convention without any geographical limitations;
(b)
it has in place an asylum procedure prescribed by law; and
(c)
it has ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms and observes its provisions, including the standards relating to effective remedies.
3. The applicant shall be allowed to challenge the application of the concept of European safe third country on the grounds that the third country concerned is not safe in his or her particular circumstances.
4. The Member States concerned shall lay down in national law the modalities for implementing the provisions of paragraph 1 and the consequences of decisions pursuant to those provisions in accordance with the principle of non-refoulement , including providing for exceptions from the application of this Article for humanitarian or political reasons or for reasons of public international law.
5. When implementing a decision solely based on this Article, the Member States concerned shall:
(a)
inform the applicant accordingly; and
(b)
provide him or her with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance.
6. Where the safe third country does not readmit the applicant, Member States shall ensure that access to a procedure is given in accordance with the basic principles and guarantees described in Chapter II.
7. Member States shall inform the Commission periodically of the countries to which this concept is applied in accordance with this Article.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
