First country of asylum

United Kingdom

Country Report: First country of asylum Last updated: 14/03/22

Author

Refugee Council Visit Website

The “first country of asylum” concept is defined as a country where an applicant: either (a) has been recognised as a refugee and may still enjoy that protection; or (b) otherwise enjoys sufficient protection including protection from refoulement. In both cases, the applicant must be able to be readmitted to that country.[1]

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

  1. i) the applicant has been recognised as a refugee in a safe third country and can still avail themselves of that protection; or ii) the applicant otherwise enjoys sufficient protection in a safe third country, including benefiting from the principle of non-refoulement; or iii) 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]

 

 

[1]           Para 345B Immigration Rules Part 11.

[2]           Home Office, Inadmissibility: Safe Third Country cases 2020 https://bit.ly/3Ktk6y9

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection