EU Unveils New "Safe Country" List, Tightening Asylum Rules

Brussels – The European Union has announced a new list of seven countries deemed "safe countries of origin," a move designed to expedite the processing of asylum applications and increase the rate of returns for individuals from those nations. The decision, set to be implemented by mid-2026, is part of a broader effort to reform the EU's migration and asylum system and address concerns about irregular migration.

The European Commission revealed Wednesday that it proposes to designate Kosovo, Bangladesh, Colombia, Egypt, India, Morocco, and Tunisia as "safe countries of origin." This designation allows EU member states to process asylum claims from citizens of these countries more quickly, operating under the presumption that such applications are unlikely to be well-founded.

Streamlining Asylum Procedures

The "safe country of origin" concept is rooted in the idea that certain countries, based on their legal systems, democratic governance, and general political circumstances, do not typically generate refugees. By designating a country as "safe," the EU aims to streamline asylum procedures, allowing member states to focus resources on individuals with more credible claims for protection.

Under the EU's Asylum Procedures Regulation, a "safe country of origin" is defined as one where there is generally and consistently no persecution, torture, inhuman or degrading treatment, or threat of indiscriminate violence. The designation also requires that the country respect fundamental rights and freedoms, adhere to the principle of non-refoulement (not returning refugees to dangerous situations), and provide access to effective remedies for rights violations.

The European Commission assesses countries based on these criteria, drawing information from various sources, including official diplomatic reports, assessments by the European Union Agency for Asylum (EUAA), and reports from international organizations like the Council of Europe and the UNHCR.

Impact on Asylum Seekers

The inclusion of a country on the EU's "safe list" has significant implications for asylum seekers from those nations. While individuals still have the right to apply for asylum, their applications are subject to accelerated processing, and there is a greater likelihood of rejection.

Asylum seekers from "safe countries" may be eligible only for "accelerated" procedures for the examination of their applications. This means that their cases are processed more quickly, and they may face a more limited opportunity to present their claims.

However, the EU emphasizes that each application will still be assessed on an individual, case-by-case basis, with strong safeguards in place, including the right to appeal. Applicants can challenge the presumption of safety by presenting "serious grounds" for believing they would be at risk of persecution or serious harm if returned to their country of origin.

Broader Migration Reforms

The "safe country" list is just one component of the EU's broader efforts to reform its migration and asylum system. The EU Pact on Migration and Asylum, adopted in May 2024, introduces a range of measures aimed at creating a more efficient, fair, and sustainable approach to managing migration.

Key elements of the pact include:

• Enhanced border procedures: The pact introduces a new screening and border procedure for irregular arrivals, allowing for quicker processing of asylum claims at the EU's external borders.
• Fairer distribution of asylum seekers: The pact aims to ensure a more equitable distribution of asylum seekers among member states, reducing the burden on countries that receive a disproportionate number of arrivals.
• Increased returns: The EU is seeking to increase the rate of returns for individuals who do not have the right to stay in the EU, including those whose asylum applications have been rejected.
• Cooperation with third countries: The EU is working to strengthen cooperation with non-EU countries on migration management, including readmission agreements to facilitate the return of migrants.

Concerns and Criticisms

The EU's tightening of asylum rules has drawn criticism from human rights organizations and refugee advocates, who argue that the "safe country" concept can undermine the right to asylum and lead to the unjust return of vulnerable individuals.

Critics argue that the designation of a country as "safe" is often based on a superficial assessment of the situation on the ground and that it fails to take into account the specific circumstances of individual asylum seekers. They also raise concerns about the potential for discrimination, as asylum seekers from "safe countries" may face a higher burden of proof and a greater risk of having their claims rejected.

Some organizations argue that no country can be guaranteed safe for all its citizens and that the use of a common list may put an end to discrimination between asylum-seekers on the basis of their country of arrival in the EU, it would not bring to an end the inequality of rights between applicants based on their origin.

Looking Ahead

The European Commission is expected to finalize the list of "safe countries of origin" before June 2025. The implementation of the new rules will require member states to adapt their national legislation and procedures.

The EU's migration and asylum reforms are likely to continue to be a subject of debate and controversy in the coming years. As the EU seeks to balance its obligations to protect refugees with its desire to control irregular migration, it will face ongoing challenges in ensuring that its policies are both effective and humane.

The coming into effect of the EU pact on Migration and Asylum in mid-2026 will allow for asylum applications to be processed more quickly and efficiently. The new common rules include common procedures for issuing return decisions and a European Return Order to be issued alongside a national return decision.