Safe country of origin

from Wikipedia, the free encyclopedia

Safe country of origin is a term from German , Austrian and Swiss asylum law as well as European secondary law . With the exception of Italy and Sweden , all countries of the European Union use the opportunity to classify countries as safe countries of origin.

definition

For the Federal Republic of Germany , the term is defined in Article 16a, Paragraph 3 of the Basic Law ; for the Republic of Austria in the Austrian Asylum Act , for Switzerland in Art. 6a para. 2 let. a Asylum Act (AsylG). In European secondary law, it is defined in Articles 29 to 31 of Directive 2005/85 / EC (Asylum Procedure Directive) .

To put it simply, the safe countries of origin are countries in which neither political persecution nor “inhuman or degrading punishment and treatment takes place” (formulation of the German Basic Law). When applying for asylum, an identity check is carried out, and the asylum application of a person from a safe country of origin is usually rejected if the applicant cannot claim special circumstances.

Germany

The asylum application of an asylum seeker from a safe country of origin is to be rejected as " obviously unfounded " according to § 29a AsylG , unless he provides facts or evidence that justify the assumption that, contrary to the general situation in the country of origin, he is threatened with political persecution.

Annex II to the Asylum Act lists which states belong to safe countries of origin ( Section 29a AsylG). The law is subject to the approval of the Federal Council . Safe countries of origin are currently:

On the other hand, Norway and Switzerland are considered safe third countries .

  • Germany
  • Member States of the European Union
  • Safe countries of origin
  • Safe third countries

    • France

    France has been using the “safe country of origin” classification ( pays d'origine sûr ) since June 30, 2005, when a list of these countries was first published. The decision on a classification is made by the Board of Directors of the Office français de protection des réfugiés et apatrides (French Office for Refugees and Stateless Persons ), the Conseil d'État can confirm or reject these decisions in the last instance. It was last updated on October 9, 2015 and has since included the following countries:

    In the past, the list also included Bangladesh , Madagascar , Mali , Niger , Tanzania , Turkey and Ukraine at times . Croatia was removed from the list when it joined the EU in 2013. In the past, the classification of Albania in particular has repeatedly caused discussions and has been rejected several times by the Conseil d'Etat .

  • France
  • Safe countries of origin ( pays d'origine sûr )
  • Former safe countries of origin

    • Austria

    In Austria, the list of safe countries of origin currently includes 53 countries:

    • The other 27 EU Member States,
    • Albania,
    • Australia,
    • Bosnia and Herzegovina,
    • Iceland,
    • Canada,
    • Kosovo,
    • Liechtenstein,
    • North Macedonia,
    • Montenegro,
    • New Zealand,
    • Norway,
    • Switzerland,
    • Serbia,
    • Algeria (since 2/2016),
    • Georgia (since 2/2016),
    • Ghana (since 2/2016),
    • Morocco (since 2/2016),
    • Mongolia (since 2/2016),
    • Tunisia (since 2/2016),
    • Armenia (since 2/2018),
    • Benin (since 2/2018),
    • Ukraine (since 2/2018),
    • Senegal (since 6/2018),
    • Namibia (since 5/2019),
    • South Korea (since 5/2019),
    • Uruguay (since 5/2019).
  • Austria
  • Member States of the European Union
  • Safe countries of origin

    • Switzerland

    As of July 2014, the following states are considered "Safe Countries" by Federal Council decision:

    • The 28 member states of the EU: Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovak Republic , Slovenia, Spain, Czech Republic, Hungary, United Kingdom (UK), Cyprus (Republic)
    • Albania
    • Benin
    • Bosnia and Herzegovina
    • Burkina Faso
    • Ghana
    • India
    • Iceland
    • Kosovo (Republic)
    • Liechtenstein (Principality)
    • North Macedonia
    • Moldova (without Transnistria)
    • Mongolia
    • Montenegro
    • Norway
    • Senegal
    • Serbia (Republic)
  • Switzerland
  • Member States of the European Union
  • Safe countries of origin

    • Italy

    In Italy, the following countries are considered safe countries of origin as of October 2019:

    • The 28 member states of the EU: Belgium, Bulgaria, Denmark, Germany, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Austria, Poland, Portugal, Romania, Sweden, Slovak Republic , Slovenia, Spain, Czech Republic, Hungary, United Kingdom (UK), Cyprus (Republic)
    • Albania
    • Algeria
    • Benin
    • Bosnia and Herzegovina
    • Ghana
    • Cape Verde
    • Iceland
    • Kosovo (Republic)
    • Liechtenstein (Principality)
    • Morocco
    • North Macedonia
    • Montenegro
    • Norway
    • Senegal
    • Serbia (Republic)
    • Tunisia
    • Ukraine

    Plans for a common list of the EU

    In the European Union, 13 countries keep a list of safe countries of origin: Belgium, Bulgaria, Germany, France, Ireland, Italy, Latvia, Luxembourg, Malta, Austria, Slovakia, the Czech Republic and the United Kingdom (as of October 2019). In October 2019 the government of Greece also plans to keep such a list. However, there is still no harmonization among the member states; However, efforts are being made to define a common list and gradually expand it.

    See also

    Individual evidence

    1. ↑ Germany and the "safe countries of origin". mediendienst-integration.de
    2. ↑ Appendix II (to § 29a AsylG)
    3. ↑ Annex I (to Section 26a AsylG)
    4. ↑ Judgment of June 1, 2017 - BVerwG 1 C 9.17: No application of third country clauses under asylum law to EU member states
    5. ↑ ofpra.gouv.fr (PDF)
    6. ↑ Asylum: Fekter expands list of safe countries of origin . diepresse.com
    7. ↑ Albania is now a safe country of origin . oe24.at
    8. ↑ a b c d e f Austria continues to tighten asylum policy . In: Salzburger Nachrichten . February 16, 2016, p. 2 .
    9. ^ Safe Countries List. (PDF; 70 kB) Federal Office for Migration; Retrieved September 3, 2015.
    10. ↑ Zeit.de: Italy names 13 safe countries of origin
    11. ↑ Zeit.de: Italy names 13 safe countries of origin
    12. ^ Refugee crisis: the European Commission is acting - questions and answers. European Commission , accessed February 7, 2016 .