Safe third country
Safe third country is a term from German and Swiss asylum law.
Germany
The term Safe Third State has been a central term in German asylum law since the asylum compromise of 1992 . According to Article 16a, Paragraph 2 of the Basic Law , a safe third country is one in which the application of the Convention on the Legal Status of Refugees and the Convention for the Protection of Human Rights and Fundamental Freedoms is guaranteed.
For this purpose, Section 26a of the Asylum Act (AsylG) defines the following countries as safe third countries by listing them :
- Norway and Switzerland , as well as the member states of the EU .
The status as a safe third country is determined by law , which requires the consent of the Federal Council ; this status can be temporarily withdrawn by ordinance (without the consent of the Federal Council).
According to Article 16a, Paragraph 2, Clause 1 of the Basic Law in conjunction with Section 26a, Paragraph 1 of the Asylum Act, persons who entered the country via safe third countries cannot, as a rule, invoke the right of asylum in accordance with Article 16a of the Basic Law, as this is the will of the legislature It was already possible to apply for asylum in the safe third country, which meant that there was no longer any need to apply for asylum in Germany . However, an application for recognition as a refugee according to the Geneva Refugee Convention (Section 3 Asylum Act) or for subsidiary protection (Section 4 Asylum Act) is possible. Whether Germany is responsible for examining such applications is determined by the Dublin III Regulation .
To make matters worse, however, some asylum seekers hide their real entry routes.
Switzerland
If an asylum seeker has stayed in a third country designated as safe by the Federal Council before submitting the asylum application in Switzerland and is able to return there, an asylum application will generally not be accepted ( Art. 6 Paragraph 2 Letter b AsylG ). The Federal Council determines which countries belong to the safe third countries . The following countries have been designated as "safe third countries" since 2008:
- All EU countries
- All EFTA countries ( Iceland , Liechtenstein , Norway )
See also
Web links
- Germany: Safe countries of origin
- Switzerland: Information from the State Secretariat for Migration SEM on "safe third countries"
Individual evidence
- ↑ Christina von Saß: Refugees in Lower Saxony: Questions and Answers , Paragraph What is a safe third country and what does that have to do with "Dublin III"? ( Memento from September 14, 2015 in the Internet Archive ), NDR.de , September 12, 2015.
