EU proposes new ‘safe third country’ rules to accelerate deportations

The EU is poised to overhaul asylum procedures by relaxing the criteria for applying the “safe third country” concept, as outlined in a new proposal. The European Commission has put forth a revised “safe third country” concept aimed at effectively tightening asylum procedures.

The “safe third country” concept allows member states to declare asylum applications inadmissible if the applicant can receive protection in a non-EU country deemed safe. Currently, EU law requires a clear connection between the asylum seeker and this country. According to EU law, a third country is considered “safe” if it guarantees non-refoulement, poses no risk of serious harm or persecution, and offers asylum seekers the opportunity to seek and obtain effective protection.

The new proposal could quietly rewrite the EU’s asylum rules. Under the revised regulations, EU countries may be able to deport asylum seekers to countries they only transited through, or even to places they have never set foot in, provided there is a bilateral agreement or informal arrangement. The previous requirement for a mandatory connection between the asylum seeker and the safe third country will be removed, leaving the definition of “connection” to national laws.

An EU official stated, “Now, when an asylum seeker arrives in the EU, and there is an agreement or arrangement with a safe third country that meets all the conditions specified in the asylum procedures regulation, that person can be transferred there and provided with effective protection.”

In practice, this grants EU members broad discretion to deport almost anyone, provided the procedures are followed. More importantly, the third country does not need to accept the individual. A Commission official confirmed to Euractiv that there would be no EU-wide list of safe countries. The official added, “Member states can determine their own lists.”

The changes will be incorporated into the new Asylum Procedures Regulation, which is part of the broader Migration and Asylum Pact scheduled to take effect next year. Under the proposal, member states will be required to notify the Commission and other member states before signing any agreements with “safe” third countries, allowing Brussels to verify that these agreements comply with EU legal standards. In addition to the proposed changes, the Commission is also taking steps to automatically remove the right to remain during the appeal process. Under the new rules, appeals against inadmissibility decisions based on the safe third country concept will not automatically suspend deportation.

This proposal is the latest in a series of steps taken by the Commission to tighten EU asylum rules. In April, a plan was adopted designating seven countries as “safe countries of origin”: Bangladesh, Colombia, Egypt, India, Kosovo, Morocco, and Tunisia. This plan paved the way for faster and easier rejection of asylum applications. Just a month prior, the Commission also approved new EU return rules aimed at simplifying regulations for returning rejected asylum seekers. These rules also include legal provisions for countries to explore the use of “return centers.”

Susan Fratzke, a policy analyst at the Migration Policy Institute, told Euractiv that the new changes “will not affect member states’ plans to establish return centers.” According to Fratzke, return centers are designed for individuals whose asylum applications have been evaluated and rejected and who are currently undergoing return procedures.

The new proposals will now be submitted for approval to the European Parliament and the European Council.

Keywords: EU asylum reform, safe third country concept, migration policy, asylum procedures regulation, European Commission, deportation rules, return centers, asylum applications, non-refoulement, international protection, EU migration pact, border control, human rights, EU law, migrant returns, inadmissibility decisions, appeal process, “safe countries of origin”, readmission agreements, European Parliament, European Council.

Meta description: The EU is set to revise its asylum procedures, easing “safe third country” rules to expedite deportations. This proposal tightens criteria, allowing transfers even without a direct connection, and impacts appeal rights.