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EU proposes relaxing rules on sending asylum seekers to third countries

The European Commission proposed to broaden the concept of "safe country" so that a member state can consider an asylum claim inadmissible if the claimant can receive "effective protection" elsewhere.

Migrants intercepted in Italian waters disembark after arriving in the Albanian port of Shengjin.

Migrants intercepted in Italian waters disembark after arriving in the Albanian port of Shengjin.AFP.

Diane Hernández
Published by

The European Union (E.U.) presented a proposal Tuesday that would relax existing rules for sending asylum seekers to third countries. This comes in response to a demand from several countries in the bloc that seeks to tighten migration policy in the region.

The European Commission, the E.U.'s executive arm, proposed to broaden the concept of "safe country" so that a member state can consider an asylum request inadmissible if the applicant can receive "effective protection" elsewhere.

European Commissioner for Migration Magnus Brunner said the proposal is a tool to help member states process asylum applications more efficiently.

According to the official, the commission is under strong pressure from several countries for measures to curb the arrival of migrants and refugees, while facilitating procedures for deportations.

"Safe third countries" to send asylum seekers

Days ago the commission proposed seven "safe third countries of origin" to which E.U. members may return asylum seekers, according to a document of the Community Executive, which was accessed by several media sources.

The list included Bangladesh, Colombia, Egypt, India, Kosovo, Morocco and Tunisia. These destinations would be included as a modification of the E.U. asylum procedure regulation, which is part of the migration pact adopted last year. Its implementation is scheduled for 2026.

Current E.U. legislation

Currently, European legislation provides that asylum seekers can be returned to countries from which they do not originate but which are considered "safe" by member states.

However, there must be a sufficient "link" between the person concerned and this third country: a family member must reside there or the asylum seeker must have already worked in this country, among others.

Asylum seekers may also have their application rejected if they could have applied to a "safe" third country where they have "a genuine connection."

The commission's proposal relaxes that requirement to include any country through which an asylum seeker has transited on their way to Europe, as long as it is considered safe. This change opens the way for unsuccessful asylum seekers to be sent to those countries.

The new safe country concept can also apply in the absence of any connection or transit, if there is an agreement between member states and a third nation, and removes the suspensive effect of appeals.

"Blackmail," per NGOs

The news worried non-governmental organizations. According to them, the measure is ineffective: if asylum seekers are returned to a country with which they have no ties, they risk trying their luck again in Europe, they argue.

These associations consider that European governments will also be exposed to blackmail by these third countries, which could demand numerous political and financial compensations for taking in asylum seekers.

The commission rejects this criticism, assuring that the main objective of this proposal is to speed up the processing of asylum applications and to ensure that the countries to which they will be returned respect fundamental rights.

To enter into force, this proposal must be approved by the European Parliament and the member states.

"Stricter" migration policy

Calls for a stricter migration policy by the E.U. come at a time when the number of illegal crossings of E.U. borders has dropped significantly.

In April this year, the nearly 20,000 people arriving in Europe by sea from North Africa, many came from as far away as Bangladesh, Eritrea, Pakistan and Syria, according to the E.U. border agency.

Still, in 2024, the figure reached the lowest level since 2021, when migration flows were still traversed by COVID-19, according to data from the European agency Frontex.

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