Ad Hoc Query on safe countries of origin and safe third countries
This ad hoc query, which informed the preparation of an EMN Inform, collected information on national lists of safe countries of origin and safe third countries, including their adoption and use. It examined exceptions for specific regions or categories of applicants and the procedures applied to their claims. It also explored the application of the safe third country concept, including assessments, safeguards and practical challenges. Finally, it gathered information on sources used, case law, good practices and planned adaptations to the new Asylum Procedure Regulation.
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Background:
The European Migration Network, following a vote by its Steering Board, decided to develop an Inform on "Safe countries of origin and safe third countries: criteria for identifying and examining applications in light of the new Asylum Procedure Regulation (EU) 2024/1348", as part of its 2025 work programme. The aim of this Inform was to map national approaches to the safe country of origin (SCO) and safe third country (STC) concepts, in the context of the forthcoming Asylum Procedure Regulation applicable from June 2026. To gather reliable and up-to-date information for drafting the Inform, this ad hoc question was issued.
Respondents:
24 EMN Member and Observer Countries (including BE) provided a public answer to this ad hoc query.
Findings:
A preliminary analysis of the results of the ad hoc query shows that:
- 19 EMN Member Countries indicated using a national list of safe countries of origin (SCO)s. FI and PT apply the SCO concept on a case-by-case basis. EE, MT and LU have territorial or group exceptions to the application of the SCO concept on the basis that applicants coming from certain regions or belonging to specific categories of people may still face risks of persecution or serious harm.
- 21 countries have provisions in national law regulating the use of the safe third country (STC) concept. Of these, 6 countries have adopted national lists of STCs, while 13 apply the STC assessment on an ad hoc basis. CY, HU and MT apply a geographical and/or group exception to the use of the STC concept.
- 6 countries reported challenges in applying the STC concept. Those include: litigation around the designation of specific countries as safe, establishing a reasonable connection between an applicant and the third country in question, and the readmission of applicants to STCs.
- 8 EMN Member Countries reported good practices in applying the SCO and STC concepts, largely in relation to the detection of vulnerable applicants and assessment of their applications (e.g. more extensive training of case officers, adaptation of the interview format, changes in the examination procedure)
For concise and comparative information, please refer to the Inform on the subject. For detailed country-specific information, please consult the compilation of responses attached above.