Commission proposal would allow asylum applications to be processed in safe countries outside the EU

On 20 May, the European Commission submitted a proposal to amend the rules concerning safe third countries. The aim is to make it possible for persons seeking asylum in the EU to go through the asylum process and receive international protection in safe countries outside the EU, the EEA and the Schengen area more often than at present. The Government informed Parliament of the proposal by submitting a Union communication on 18 June.

Currently, an EU Member State can transfer an asylum seeker to a third country considered safe if the asylum seeker has a previous connection with that country. In future, an applicant could also be transferred to a safe third country if they have travelled to the EU via that country or if there is an agreement with a safe third country on the transfer of the asylum process.

An appeal against a negative decision on asylum would no longer automatically postpone the transfer of the asylum seeker. The aim is to prevent the misuse of appeals by applicants as a means to delay their transfer.

The Commission proposal introduces amendments to the Asylum Procedure Regulation. The Asylum Procedure Regulation is part of the EU Pact on Migration and Asylum, which will become applicable in June 2026. The proposed amendments would support the objectives of the Migration Pact by enabling asylum applications to be processed more efficiently and by increasing cooperation with third countries.

Government supports easing requirement to establish connection between applicant and third country

The Government considers it important to improve the asylum system and make it more efficient. The Government supports measures to reduce the number of unfounded asylum applications. Migration policy should focus on strong, well-functioning partnerships with countries of origin and transit.

The Government advocates for EU-level measures that increase opportunities for applicants to go through the asylum process and receive international protection in safe third countries. It welcomes the proposals that would ease the requirement to establish a connection between the applicant and the third country in question. During the deliberations on the proposal, it will still be necessary to assess whether a connection should be required at all. 

In the Government’s view, it must be possible for an applicant being transferred to a safe third country to be removed from the country before the appeal is considered, unless otherwise ordered by a court.

Commission also submits proposal on safe countries of origin

On 16 April, the Commission submitted a proposal to establish a list of safe countries of origin for asylum seekers. The aim is to facilitate the swift examination of asylum applications that are likely to be unfounded: if the applicant comes from a safe country of origin, the examination of their application would be accelerated. The Government informed Parliament of this proposal by submitting a Union communication on 12 June.

Both proposals will now proceed to the European Parliament and the Council.

Inquiries:
Sanna Montin, Chief Specialist, tel. +358 295 488 314, [email protected]