Author
An asylum request can be declared manifestly unfounded in case the asylum applicant is from a safe country of origin.[1] Asylum requests from applicants presumed to come from safe countries of origin are handled in the Accelerated Procedure (‘Track 2’) by the IND.
Due to the CJEU rulings on the safe country of origin concept stating that the Asylum Procedures Directive does not allow to designate a country as a safe country of origin if certain parts of the country or certain groups of people are exempted, the Minister decided to suspend the safe country of origin concept altogether. As of September 2025, the safe country of origin concept is not applied any more in the Netherlands.
The suspension of the safe country of origin concept will continue until the new rules on the safe country of origin concept from the Asylum Procedures Regulation will apply.
In case an asylum applicant is from a safe country of origin, it is presumed that they have no well-founded fear of persecution nor a risk of treatment contrary to Article 3 ECHR. However, the IND has to assess in every individual case whether, based on the applicant’s statements, this country is indeed safe for the asylum applicant. In other words, the IND must consider whether the authorities of the applicants’ country of origin, in practice, comply with their obligations under the relevant human rights treaties.
The IND cannot maintain the presumption of safe country of origin if the asylum applicant demonstrates that their country of origin cannot be regarded as a safe country for them. In that case, the IND has to assess whether the asylum applicant is eligible for international protection.[2]
Should it become clear during the Track 2 procedure that the asylum applicant might have a well-founded fear for persecution in their country of origin (for example because of their sexual orientation), more thorough assessment by the IND is required. As a result, the asylum request is further assessed in Track 4. Switching from Track 2 to Track 4 may also occur when there is medical evidence, demonstrating that the asylum applicant is vulnerable and in need of special procedural guarantees.
List of safe countries of origin
As of September 2025, the safe country of origin concept is not applied any more in the Netherlands. Up until mid-2025, the following countries had been designated as safe countries of origin:[3]
- EU Member States
- Albania
- Armenia*
- Bosnia-Herzegovina
- Brazil*
- Ghana*
- Jamaica*
- Kosovo
- North Macedonia
- Morocco*
- Mongolia*
- Montenegro
- Senegal *
- Serbia *
- Tunisia*
- United States of America
- Ukraine* (suspended)
* Some groups were exempted from the designation of safe country of origin. These cases were handled in Track 4 (for example: LGBTQI+ persons in Tunisia, Senegal, Jamaica, Brazil, Armenia and Morocco).
Due to the war with Russia, the designation of Ukraine as a safe country of origin had already been suspended since 2023.[4] For more information on the current Dutch policies regarding Ukraine, see Annex on Temporary Protection in the Netherlands.
Application of the concept of safe country of origin
The Minister can designate a country as a safe country of origin, while exempting specific groups such as LGBTQI+ individuals or women. In these cases, the safe country of origin-concept does not apply and those belonging to this group do not have a higher burden of proof. The asylum request is handled in Track 4.
On 25 May 2022, the Minister decided for procedural and economic reasons to no longer use the ‘groups with higher concern’[5] in response to a ruling of the Council of State.[6] The Council of State had ruled that the consequences of designating a specific ‘group with higher concern’ for the assessment framework are unclear and that the Minister should either give a substantial interpretation to this concept or abolish it. All groups with higher concern will henceforth be treated as exempted groups.
[1] Article 30b(1)(b) Aliens Act.
[2] Paragraph C2/7.2 Aliens Circular.
[3] Paragraph C7/1.2 Aliens Circular.
[4] Par. C7/1.2 Aliens Circular under Oekraïne.
[5] For further information about this concept and how it was used, see previous updates to this country report, available at: https://bit.ly/3SMHHji.
[6] KST 19637, no. 2894, available in Dutch at: https://bit.ly/3Vn7Tzf. Council of State, ECLI:NL:RVS:2022:985, 5 April 2022, available in Dutch at: https://bit.ly/3OC4BaK.