The European Union is set to implement significant changes to its asylum process, allowing member states to dismiss asylum applications without consideration and transfer asylum seekers to "safe third countries." This proposal, made by the European Commission, aims to streamline the asylum process but has raised concerns about the treatment of refugees.
Under the new proposal, non-EU nationals seeking asylum could be transferred to countries deemed “safe,” where they would be expected to apply for international protection. This approach has drawn comparisons to the UK's Rwanda deportation policy, which faced legal challenges. Currently, member states can transfer asylum applicants to a “third safe country” if that country accepts them and meets specific provisions.
A safe third country is defined as a non-EU nation that adheres to international standards in treating asylum seekers, including protection from persecution and access to a functioning asylum system. The 2016 EU-Türkiye statement, which allowed transfers of asylum seekers to Turkey, serves as an example of this concept in practice.
The proposed changes would eliminate the requirement for any connection between the asylum applicant and the designated third country, enabling member states to select countries based on transit routes or agreements made. This could result in asylum seekers being sent far from their home countries and familiar environments.
Additionally, the proposal stipulates that appeals against decisions based on the safe third country concept will no longer suspend transfers. Therefore, successful applicants may be returned to the member state from which they were moved. The legislation is a targeted amendment to the Asylum Procedure Regulation, part of the broader EU reform known as the Pact on Migration and Asylum.
An EU official remarked that “third countries that are safe must also play their part,” indicating the expectation of collaboration in addressing these challenges. Currently, only five of the 27 EU member states have established lists of safe third countries, primarily within Europe. The relaxation of rules may lead to an increase in the number of designated safe countries, particularly if agreements for transfers are reached.
The proposal will now be reviewed by the European Parliament and the Council. Supporters, including the European People’s Party, view it as a crucial step toward a more efficient asylum system. However, opposition is anticipated from left-wing parties in the European Parliament, such as the Socialists and Democrats and the Greens/EFA.
NGOs have expressed skepticism regarding the proposal, warning it could further weaken access to asylum, diminish rights, and increase the risk of refoulement and arbitrary detention in third countries. While the Commission did not conduct a formal impact assessment, it consulted widely with member states, the Parliament, UNHCR, and civil society stakeholders.
As the EU moves forward with this proposal, the implications for asylum seekers and the future of migration policy in Europe remain critical points of discussion.
