First country of asylum

Slovenia

Country Report: First country of asylum Last updated: 31/03/21

Author

The concept of the first country of asylum is a ground for inadmissibility of the application for international protection.[1] According to Article 63 IPA, a first country of asylum is either the country in which the applicant was granted refugee status which is still valid, or a country in which the applicant enjoys sufficient protection, including protection from refoulement.

When applying the first country for asylum concept, the criteria for its application are not the same as those of the Safe Third Country concept. Therefore, the criteria listed in Article 38(1) of the recast Asylum Procedures Directive do not explicitly apply.

The concept is used in practice, but so far only in a few cases per year. It was not used in 2020.

The applicants can challenge the application of the first country of asylum concept, referring to the specific circumstances of their case.[2] If a first country of asylum refuses the entry of the applicant to its territory, the Migration directorate revokes the inadmissibility decision and proceeds to the examination of the asylum application.[3]

 

[1]           Article 51(1) IPA.

[2]           Article 63(3) IPA.

[3]           Article 63(4) IPA.

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the first report
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation