Safe country of origin

Author

Bulgarian Helsinki Committee Visit Website

The LAR defines “safe country of origin” as a “state where the established rule of law and compliance therewith within the framework of a democratic system of public order do not allow any persecution or acts of persecution, and there is no danger of violence in a situation of domestic or international armed conflict.”[1] This concept is a ground for rejecting an application as manifestly unfounded in the Accelerated Procedure.[2]

National legislation allows for the use of a safe country of origin and safe third country concept in the asylum procedure.[3]

The law allows the SAR to propose to the government national lists of safe countries of origin and third safe countries, which are considered to establish a rebuttable presumption.[4] When approving the lists, the government has to consider information sources from other Member States, the EUAA, UNHCR, the Council of Europe and other international organisations in order to take into account the degree of protection against persecution and ill-treatment ensured by the relevant state by means of:

• The respective laws and regulations adopted in this field and the way they are enforced;
• The observance of the rights and freedoms laid down in the ECHR or the International Covenant on Civil and Political Rights, or the Convention against Torture;
• The observance of the non-refoulement principle in accordance with the Refugee Convention;
• The existence of a system of effective remedies against violations of these rights and freedoms.

[1] Additional Provision §1(8) LAR.

[2] Article 13(1)(13) LAR.

[3] Article 13(1)(13)(14) LAR.

[4] Articles 98-99 LAR.