Externalised asylum and migration policies and human rights law (Council of Europe)

The Council of Europe Commissioner for Human Rights, Michael O’Flaherty, warns that externalised asylum and migration policies must be carefully designed to avoid serious human rights risks. His report highlights how transferring asylum, return, and border control functions to other countries can expose migrants to torture, arbitrary detention, and collective expulsions. Particular risks arise in the external processing of asylum claims, return procedures including “return hubs,” and outsourcing of border control. The Commissioner calls on states to adopt precautionary approaches, safeguard vulnerable people, and ensure transparency and accountability.

The report provides an overview of challenges associated with externalising migration and asylum functions. Without adequate human rights preconditions, such policies can place women, men, and children at risk of serious harm, protracted suffering, and life-threatening situations. Externalisation may also impede access to asylum and legal remedies, leaving individuals in prolonged uncertainty and vulnerability.

Three areas of particular concern are identified: external processing of asylum claims, external return procedures (including “return hubs”), and the outsourcing of border management to countries with records of serious rights violations. These practices can shift responsibility away from the externalising state, creating gaps in protection and accountability.

In response, the Commissioner makes four key recommendations. First, states should carry out comprehensive human rights risk assessments and develop mitigation strategies before and during external co-operation. Second, they must establish clear, non-negotiable principles to prevent any cooperation that may expose people—especially children and other vulnerable groups—to rights violations. Third, human rights safeguards should be tailored to each model of cooperation, ensuring rigorous individual assessments before any transfers. Fourth, transparency, independent monitoring, and effective investigation mechanisms must be strengthened to ensure accountability.

The report concludes that as European States continue to pursue externalisation, human rights and dignity must remain central. States are urged to assess risks, adopt robust legal guarantees, and maintain oversight to ensure that their policies comply with domestic and international human rights obligations.

For further details, please read the full report.

Publication Date:
do 04 sep 2025
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