‘Safe Third Country’ in the European Union: An Evolving Concept in International Law and Implications for the UK

Journal of Immigration, Asylum and Nationality Law 26(4) 2012, 318-­336

U. of Westminster School of Law Research Paper No. 13-05

29 Pages Posted: 6 Mar 2013

Date Written: 2012

Abstract

This article examines the concept of ‘safe third country’ in the EU and assesses its meaning today in the light of recent leading judgments from the Strasbourg and Luxembourg Courts. It also considers the implications of this evolving concept for the UK, particularly in the light of its decision not to participate in the common standards on qualification, procedures and reception. It takes an international law perspective in discussing these issues. From this perspective, the decision of the UK not to opt-in the recast Common European Asylum System (CEAS) legislation (e.g., Qualification Directive, Procedures Directive, Reception Directive, with the exception of Dublin III Regulation) will have no effect on its obligations vis‐a‐vis international law and EU Charter law; the UK will continue to be bound by the 1951 Refugee Convention, the 1984 Convention Against Torture, the 1966 International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights, the EU Charter of Fundamental Rights and, crucially, the 1950 ECHR.

This article therefore examines what constitutes ‘effective protection’ in international refugee and human rights law, in a EU‐Dublin II/III Regulation context. It proceeds by considering, in turn, three main valid arguments: the argument based on Article 33 of the Refugee Convention, the argument based on Article 3 ECHR, and the argument based on Charter rights.

Keywords: safe third country, Refugee Convention, Common European Asylum System, refugee, human rights, effective protection, ECHR

Suggested Citation

Lambert, Hélène, ‘Safe Third Country’ in the European Union: An Evolving Concept in International Law and Implications for the UK (2012). Journal of Immigration, Asylum and Nationality Law 26(4) 2012, 318-­336, U. of Westminster School of Law Research Paper No. 13-05, Available at SSRN: https://ssrn.com/abstract=2229266

Hélène Lambert (Contact Author)

University of Technology Sydney ( email )

Sydney
Australia

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