First country of asylum

The “first country of asylum” concept, as expanded by the Nationality and Borders Act 2022 is defined as a country where

• the claimant’s life and liberty are not threatened in that State by reason of their race, religion, nationality, membership of a particular social group or political opinion,
• the State is one from which a person will not be sent to another State—
• otherwise than in accordance with the Refugee Convention, or
• in contravention of their rights under Article 3 of the Human Rights Convention (freedom from torture or inhuman or degrading treatment), and
• a person may apply to be recognised as a refugee and (if so recognised) receive protection in accordance with the Refugee Convention, in that State.^[1]

The guidance reflects the change in rules and advises decision makers to consider of any relevant criteria that apply:

• the applicant has been recognised as a refugee in a safe third country and can still avail themselves of that protection; or
• the applicant otherwise enjoys sufficient protection in a safe third country, including benefiting from the principle of non-refoulement; or
• the applicant could enjoy sufficient protection in a safe third country, including benefiting from the principle of non-refoulement because: (a) they have already made an application for protection in that country; or (b) they could have made an application for protection to that country but did not do so and there were no exceptional circumstances preventing such an application being made; or (c) they have a connection to that country, such that it would be reasonable for them to go there to obtain protection.^[2]

For more see: Admissibility procedure.

^[1] Section 80 of the Nationality, Immigration and Asylum Act 2002 as amended by section 16 of the Nationality and Borders Act 2022.

^[2] Home Office, Inadmissibility: safe third country cases – Version 7.0, June 2022, available at: https://bit.ly/3qUdPki.