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Article 12B-ter of the Refugee Law defines safe country of origin with reference to the recast Asylum Procedures Directive. This includes countries set out in a common EU list,[1] as well as the possibility to designate additional countries based on a range of sources of information, as per Article 37 of the recast Asylum Procedures Directive. The “safe country of origin” concept may be used as a ground for channelling the application in the accelerated procedure.[2]
The safe country of origin was used for the first time in mid-2019 with the issuance of a Ministerial Decision designating Georgia. This initiated, also for the first time, the use of accelerated procedures to examine asylum applications submitted by Georgians (see Accelerated Procedure).[3] The new list, increasing the number of safe countries of origin from 1 to 21, was published in May 2020,[4] In May 2021, the number of countries listed as safe was increased from 21 to 29[5] and in May 2022 reduced to 27 as Ukraine and Kosovo were removed.[6]
There are no exceptions for specific geographical areas or profiles of asylum seekers within a country of origin. Overall, the conditions in countries designated as safe countries of origin are not reviewed regularly and the May 2022 list remains in force.
Accelerated procedures were not significantly used until September 2022 and from then on have been used systematically and throughout 2024 focusing mostly on nationalities such as Pakistan, Bangladesh, India, Nepal and Nigeria.[7]
[1] While the recast Asylum Procedures Directive currently provides no legal basis for an EU list, this could be done through the adoption of the Commission proposal for a Regulation establishing a common EU list of safe countries of origin.
[2] Article 12Δ(1) Refugee Law.
[3] Ministerial Decision on Safe Countries, available in Greek at: http://bit.ly/37YKdbU.
[4] Ministerial Decision on Safe Countries, available in Greek at: https://bit.ly/3CjDCJQ.
[5] Ministerial Decision on Safe Countries, available in Greek at: https://bit.ly/3tyT40M. The countries included in the updated list are:1. Egypt; 2. Albania; 3. Algeria; 4. Armenia; 5. Vietnam; 6. Northern Macedonia; 7. Bosnia and Herzegovina; 8. Georgia; 9. Gambia; 10. Ghana; 11. India; 12. Kenya; 13. Kosovo; 14. Morocco; 15. Montenegro; 16. Mongolia; 17. Moldova; 18. Bangladesh; 19. Benin; 20. Nepal; 21. Nigeria; 22. Ukraine (excluding Crimea, Luhansk and Donetsk regions); 23. Pakistan; 24. Senegal; 25. Serbia; 26. Sri Lanka; 27. Togo; 28. Tunisia; 29. Philippines.
[6] Ministerial Decision on Safe Countries, Ukraine, and Kosovo are removed, available in Greek at: https://bit.ly/42jOTpX.
[7] Based on information provided by Cyprus Refugee Council.