EU countries are set to discuss the “safe third country” concept on Monday, easing the interpretation of the connection criteria to give capitals more flexibility to send asylum seekers abroad, according to a new compromise text seen by Euractiv.
The ‘safe third country’ concept lets governments declare asylum claims inadmissible if protection is available elsewhere, meaning applicants can be sent to a so-called ‘safe third country’ outside the EU without their cases being assessed. At present, EU law requires a ‘connection’ to the country in question.
Brussels already proposed watering down that requirement in May to make the principle of a migrant’s connection to a safe third country no longer mandatory. That change allows returns to states only transited – or even never entered – as long as a bilateral deal exists.
The latest Council compromise, now under consideration by member states, goes further by broadening the notion of what counts as a ‘connection’.
The text suggests what kind of ties could qualify: family members, prior residence or settlement, linguistic or cultural links, or more vaguely, “other similar ties”, creating room for interpretation.
It also clarifies what counts as transit, including situations where an applicant passed through a transit zone, could have sought protection at a border, or entered the EU directly after spending time in a third country.
The compromise text reshapes the rules for unaccompanied minors too. While the May proposal had so far excluded them from transfers under safe third country agreements, the draft now opens a narrow door: minors could be transferred if – and only if – this complies with international law and the general principles of EU law.
The text concedes such cases will be rare, but signals that blanket EU-level prohibitions should not go beyond what international law explicitly forbids.
Member states are set to discuss the proposed changes today.
In the Pact
The ‘safe third country’ concept was already revised with the new Pact on Migration and Asylum, adopted in May 2024 and now in its implementation phase, due to apply from summer 2026.
That reform widened the scope significantly, allowing countries that have not signed the 1951 Geneva Refugee Convention to still be designated as safe.
It also spelled out that family ties or a prior stay in a third country can serve as indications of a sufficient connection, and gave member states the possibility to label a country as safe only in part of its territory or for specific categories of people.
As part of the wider migration policy overhaul, the Commission has also tabled a new return regulation and a fresh list of safe countries of origin, both of which are still under negotiation in the Council.
(cp)
