Author
The Asylum Act provides for a definition of ‘safe country of origin’ that is in line with Article 36 of the recast Asylum Procedures Directive.[1] However, the law does not further regulate its application. The only exception is that the ‘safe country of origin’ concept is listed as one of the grounds for the application of the Accelerated Procedure.[2]
To date, the authorities have not introduced legislation that allows for the national designation of safe countries of origin for the purposes of examining applications for international protection in line with Annex I of the Directive.
According to the information provided by SEF to CPR, in previous years, SEF did not have a list of safe countries of origin as a matter of administrative guidance and the concept was not used in practice as a ground for channelling asylum applications into an accelerated procedure.
While according to CPR’s observation AIMA has not explicitly used the safe country of origin concept to reject asylum applications in accelerated procedures, the organisation has received reports of applicant’s that described being told by AIMA officials that no positive decisions are issued to applicants from certain nationalities, notably Gambia and Senegal. Within the context of the right of reply of the authorities to the draft AIDA report, AIMA denied that this has occurred.[3]
[1] Article 2(1)(q) Asylum Act.
[2] Article 19(1)(f) Asylum Act.
[3] Information provided by AIMA on 25 June 2024.