Expert Opinion on Legal Requirements for Safe Third Countries in Asylum Law and Practical Implementation Options

Abstract

Safe third countries schemes are compatible with the Refugee Convention, international human rights law, and the German Constitution. They command the provision of effective protection, not admission to a specific country. Protection in accordance with international standards requires full compliance with the prohibition of refoulement and an adequate standard of living which can be lower than in European welfare states. Any implementation of a safe third country scheme is subject to legal, administrative, diplomatic, and practical conditions which can be difficult to fulfil in practice. They require political action at three levels: a targeted revision of the EU asylum legislation; fair and swift admissibility checks on European soil; and support for third states to establish resilient asylum systems. There are different options of how a safe third country arrangement can be realised, not 'one' solution. It is possible to restrict them to specific countries of origins, travel routes, and sociodemographic groups and to gradually extend successful pilot projects. 

Keywords: asylum, safe third country, EU, Common European Asylum System, Asylum Procedures Regulation, Rwanda, Albania, Pacific Solution, EU-Turkey Statement, external processing, return hub