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. AIMA has confirmed that there is no list of safe countries of origin.
Notwithstanding, according to CPR’s observation, the use of the safe country of origin concept significantly increased in 2024 compared to previous years. Notably, in most cases this ground was used solely by citing the legal provision and in conjunction with other provisions. Countries such as Angola, Armenia, Brazil, Cape Verde, Colombia, Democratic Republic of the Congo, Dominican Republic, Gambia, Ghana, Guinea, Guinea-Bissau, Israel, Morocco, Peru, Senegal, Sierra Leone, United Kingdom and United States of America were deemed as safe countries of origin by the Portuguese authorities. Apart from Gambia and Senegal, this designation however was not consistent.
AIMA did not provide information regarding its practices in this regard. According to data collected by CPR based on the communications made by the authorities in line with the Asylum Act and contacts from asylum applicants, at least 177 cases were rejected in 2024 on the basis of the safe country of origin concept.
CPR 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 2023 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.