b. Safe Country of Origin

  Main Debates Does the Safe Country of Origin Notion Undermine the Right to have a Claim Assessed Individually? Main Points Safe Country of Origin Notion: As a Bar to Access to Procedures As a Rebuttable Presumption of Unfoundedness of Claim ‘White Lists’ of Safe Countries of Origin Need for Individual Assessment of Claims Criteria for Designating Countries as ‘Safe’ EU Documents Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status, OJ 326, 13 December 2005 Arts. 23 (4) (c), 29, 30, 31, Annex II. Conclusion on Countries in Which There is Generally No Serious Risk of Persecution, Conclusions of the Meeting of the Ministers responsible for Immigration, Doc. 10579/92 IMMIG (London, 30 November–1 December 1992). Readings Core R. Byrne and A. Shacknove, ‘The Safe Country Notion in European Asylum Law’ Harvard Human Rights Journal, vol. 9 (Spring 1996), pp. 190–196. C. Costello, ‘The Asylum Procedures Directive and the Proliferation of Safe Country Practices: Deterrence, Deflection and the Dismantling of International Protection?’, European Journal of Migration and Law, vol. 7, no. 1 (2005), pp. 35–70. H. Martenson and J. McCarthy, ‘Field Report. “In general no serious risk of persecution” safe country of origin practices in nine European states’ Journal of Refugee Studies, vol. 11, no. 3 (September 1998), pp. 304–325. ECRE, ‘Broken Promises-Forgotten Principles: An ECRE Evaluation of the Development of EU Minimum Standards for Refugee Protection’, June 2004, pp. 10–12.  

About the Reader

Section I Introduction to International Refugee Law: Background and Context


Section II International Framework for Refugee Protection


Section III European Framework for Refugee Protection


Section IV UNHCR and Other Actors Relevant to International Asylum Law

b. Safe Country of Origin

 

Main Debates

Does the Safe Country of Origin Notion Undermine the Right to have a Claim

Assessed Individually?

Main Points

Safe Country of Origin Notion:

As a Bar to Access to Procedures

As a Rebuttable Presumption of Unfoundedness of Claim

‘White Lists’ of Safe Countries of Origin

Need for Individual Assessment of Claims

Criteria for Designating Countries as ‘Safe’

EU Documents

Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status, OJ 326, 13 December 2005 Arts. 23 (4) (c), 29, 30, 31, Annex II.

Conclusion on Countries in Which There is Generally No Serious Risk of Persecution, Conclusions of the Meeting of the Ministers responsible for Immigration, Doc. 10579/92 IMMIG (London, 30 November–1 December 1992).

Readings

Core

R. Byrne and A. Shacknove, ‘The Safe Country Notion in European Asylum Law’ Harvard Human Rights Journal, vol. 9 (Spring 1996), pp. 190–196.

C. Costello, ‘The Asylum Procedures Directive and the Proliferation of Safe Country Practices: Deterrence, Deflection and the Dismantling of International Protection?’, European Journal of Migration and Law, vol. 7, no. 1 (2005), pp. 35–70.

H. Martenson and J. McCarthy, ‘Field Report. “In general no serious risk of persecution” safe country of origin practices in nine European states’ Journal of Refugee Studies, vol. 11, no. 3 (September 1998), pp. 304–325.

ECRE, ‘Broken Promises-Forgotten Principles: An ECRE Evaluation of the Development of EU Minimum Standards for Refugee Protection’, June 2004, pp. 10–12.

 



EU Documents

Council Conclusion on Countries in Which There is Generally No Serious Risk of Persecution

Council Conclusion on Countries in Which There is Generally No Serious Risk of Persecution, The Council, Conclusions of the Meeting of the Ministers responsible for Immigration, Doc. 10579/92 IMMIG (London 30 Nov.-1 Dec. 1992). 

EU Instruments

Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status

Council Directive 2005/85/EC of 1 December 2005 on Minimum Standards on Procedures in Member States for Granting and Withdrawing Refugee Status, OJ 326, 13 December 2005 Arts. 23 (4) (c), 29, 30, 31, Annex II.

Readings

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The Safe Country Notion in European Asylum Law

R. Byrne and A. Shacknove, 'The Safe Country Notion in European Asylum Law' (1996) 9 Harvard Human Rights Journal 190-196.

Reproduced from the Harvard Human Rights Journal (1996). Copyright (c) 1996 by the President and Fellows of Harvard College and the Harvard Human Rights Journal.

The Asylum Procedures Directive and the Proliferation of Safe Country Practices: Deterrence, Deflection and the Dismantling of International Protection?

C. Costello ‘The Asylum Procedures Directive and the Proliferation of Safe Country Practices: Deterrence, Deflection and the Dismantling of International Protection?’ (2005) 7 European Journal of Migration and Law, 35 – 70.
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Field Report

H. Martenson and J. McCarthy, 'Field Report. "In general no serious risk of persecution" safe country of origin practices in nine European states' (1998) 11 Journal of Refugee Studies 3.

Reproduced with the permission of Oxford University Press (c) 2000 OXFORD UNIVERSITY PRESS

Broken Promises-Forgotten Principles: An ECRE Evaluation of the Development of EU Minimum Standards for Refugee Protection

ECRE, ’Broken Promises-Forgotten Principles: An ECRE Evaluation of the Development of EU Minimum Standards for Refugee Protection’ (ECRE: London 2004), 10-12.