Main Debates
- Deflection and deterrence policies v. protection obligations
- What minimum safeguards should there be for the implementation of safe third country returns?
- Are European safe third country practices shifting the responsibility for refugees to transit states?
Main Points
- Contrasts between UNHCR and EU criteria for determining safe third countries
- Safe third country lists
- European safe third country notion
- Chain deportations
EU Documents
- Directive 2013/32/EU of 26 June 2013 of the European Parliament and of the Council on common procedures for granting and withdrawing international protection (recast), OJ L 180/60, 29 June 2013.
- Resolution on a Harmonised Approach to Questions Concerning Host Third Countries Document WG I 1283, adopted 30 November 1992, (London Resolution).
UNHCR Documents
- UNHCR, Executive Committee, Conclusion No. 15 (XXX), ‘Refugees Without An Asylum Country’, 1979.
- UNHCR, Executive Committee, Conclusion No. 58 (XL), ‘Problem of Refugees and Asylum Seekers Who Move in an Irregular Manner From a Country in Which They Had Already Found Protection’, 1989.
- UNHCR, ‘Global Consultations on International Protection, Background paper no. 1: Legal and practical aspects of the return of persons not in need of protection’, May 2001.
- UNHCR, ‘Global Consultations on International Protection, Background paper no. 2: The application of the “safe third country” notion and its impact on the management of flows and on the protection of refugees’, May 2001.
- UNHCR, ‘Global Consultations on International Protection, Background paper no. 3: Inter-State agreements for the re-admission of third country nationals, including asylum seekers, and for the determination of the State responsible for examining the substance of an asylum claim’, May 2001.
- UNHCR, ’Guidance Note on bilateral and/or multilateral transfer arrangements of asylum-seekers’, May 2013.
See also UNHCR, Improving Asylum Procedures, March 2010, in Section VI.2.4.3.
Cases
- Qurbani, Court of Justice of the European Union, C-481/13, 17 July 2014.
- M.S.S. v. Belgium and Greece, Grand Chamber, European Court of Human Rights, 21 January 2011 (see Section V.1.2).
- European Parliament v. Council of the European Union, European Court of Justice (Grand Chamber), C133/06, 6 May 2006.
- Regina v. Secretary of State for the Home Department ex parte Adan; Regina v Secretary of State for the Home Department ex parte Aitseguer, UK House of Lords, 19 December 2000, 2 WLR, pp. 143–169.
- Al-Rahal v. Minister for Immigration and Multicultural Affairs, 184 ALR 698, 20 August 2001.
- T.I. v. UK, European Court of Human Rights, 2000 European Court of Human Rights Third Section Decision as to the Admissibility of Application 43844/98 (2000) 12 IJRL, pp. 244–267.
- Judgment in the cases 2 BvR 1938/93 and 2 BvR, German Constitutional Court 2315/93, 14 May 1996, BVerfGE 94, 49.
Readings
Core
- S. Legomsky, ‘Secondary Refugee Movements and the Return of Asylum Seekers to Third Countries: The Meaning of Effective Protection’, International Journal of Refugee Law, vol. 15, no. 4 (May 2003), pp. 567–667.
- UNHCR, ‘Global Consultations in International Protection: Conclusions’, Regional Meeting Budapest, 6–7 June 2001.
Extended
- R. Byrne, G. Noll, and J. Vedsted-Hansen (eds), New Asylum Countries? Migration Control and Refugee Protection in an Enlarged European Union, (The Netherlands: Kluwer Law International, 2002), pp. 5–28.
- E. Neumayer, ‘Asylum Destination Choice: What Makes Some West European Countries more Attractive than Others’, European Union Politics, vol. 5, no. 2 (2004), pp. 155–180.
- R. Byrne and A. Shacknove, ‘The Safe Country Notion in European Asylum Law’, Harvard Human Rights Journal, vol. 9 (1996), pp. 190–196.
- S. Lavenex, ‘“Passing the Buck”: European Union Refugee Policies towards Central and Eastern Europe’, Journal of Refugee Studies, vol. 11, no. 2 (1998), pp. 126–145.
- E. R. Thielemann, ‘Why Asylum Policy Harmonisation Undermines Refugee Burden-Sharing’, European Journal of Migration and Law, vol. 6 (2004), pp. 47–65.
Editor’s Note
See also Section VI.2.5.2 regarding Readmission agreements.