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Art. 2(m) of the Asylum Act defines a safe third country as a stable State governed by the rule of law with a democratic system, other than the country of origin,
- if before the applicant´s arrival in the territory of the Slovak Republic, the foreigner stayed there and had an opportunity to seek protection under the international treaty[1]
- to which the foreigner can be returned and where he or she can seek protection under an international treaty without being exposed to persecution or serious harm
- provided that it is not a State, to which a ban on expulsion or refoulement applies
- provided that this State ensures protection against expulsion or refoulement similarly like the Slovak Republic
Article 53 of the Asylum Act provides a legal basis for adopting the list of safe third countries. The Slovak Government adopted the Regulation of the Government No. 716/2002, which established the list of safe countries of origin and the list of safe third countries (see section on Safe Country of Origin); however, at the moment, there is no country included in the list of safe third countries.
If the applicant comes from a safe third country, according to Art. 11(1)(b) the MO rejects the application as inadmissible. The application cannot be rejected as inadmissible if the country cannot, in the case of the applicant, be considered as a safe third country or he or she cannot be effectively returned to this country.[2] Additionally, the application of a UAM cannot be rejected as inadmissible if such a decision is not in his or her best interest.[3]
In case the MO rejects the application as inadmissible based on the safe third country ground, it issues the applicant with a document confirming that his or her claim was not examined on the merits. Such confirmation is also provided to the applicant in the language of the country to which he or she will be returned.[4]
However, the safe third country concept is not applied in practice as a ground for inadmissibility. In 2025, the MO did not issue any decision rejecting an application under Article 11(1)(b) of the Asylum Act.[5]
[1] The provision refers specifically to the 1951 Geneva Convention or the European Convention on Human Rights.
[2] Article 11(1)(b) of the Asylum Act.
[3] Ibid.
[4] Article 11(3) of the Asylum Act.
[5] The Response of the MO to a request for information submitted on 11 March 2026.