Veilige landen van herkomst [Safe countries of origin]

Een internationale vergelijking van de toepassing van het 'veilige landen van herkomst'-concept in asielbeleid [An international comparison of the application of the 'safe countries of origin' concept in asylum policy]

Lana Eekelschot, Emma Zürcher, Fook Nederveen, Felicitas Hochstrasser, Stijn Hoorens

ResearchPublished Mar 19, 2024

Download PDF

Dutch

Note: This report is in Dutch. An English-language summary is available.

Asylum procedures can be accelerated in many European countries for asylum seekers from so-called 'safe countries of origin'. Broadly defined, these are countries where it can be demonstrated that there is generally and consistently no persecution, no torture or inhuman or degrading treatment or punishment, and no threat by reason of indiscriminate violence in situations of international or internal armed conflict. Asylum seekers from safe countries of origin are assumed to have a low probability of being granted asylum.

Most European countries implement safe country of origin policies using a list which contains third countries that have been assessed and subsequently designated as safe. However, these lists differ across Member States, not only in length, but also in terms of the countries included. For instance, some Member States have fewer than 10 safe countries on their list, while others consider nearly 30 countries to be safe.

Limited research has thus far been conducted on the reasons for these differences and, therefore, there appears to be a general lack of understanding of European Member States' policies regarding safe countries of origin lists, the procedures for (re)assessments of countries on the list and the justifications for safe country of origin policy choices. Moreover, it is not always clear how such choices affect countries' asylum procedures.

The main aim of this study is to provide insight into the application of safe country of origin policies in a selection of EU Member States.

Key Findings

  • The motivation for selecting a country to be assessed is mostly uniform across countries: third countries are most often chosen for assessment because of large numbers of asylum applications with low granting rates.
  • The responsibility for designating countries as safe varies, but generally one or two government bodies have the relevant authority. Only in Germany is parliamentary approval required.
  • The same criteria and sources generally apply to assessments and re-assessments and these are usually public, but it remains unclear how they are weighted.
  • The frequency of the mandatory 'regular' periodic reassessment (stipulated by the Asylum Procedure Directive [APD]) is not uniformly interpreted and varies for instance from one to two years across examined countries.
  • The application of exceptions to the presumption of safety is debated in the examined countries and the APD is not uniformly interpreted. Only the Netherlands and Italy apply exceptions to groups and regions, but specific criteria for this have not been found.
  • All assessed countries apply simplified asylum procedures for asylum seekers from safe countries of origin but the contents differ. For instance, regarding timeframes, the number of asylum interviews conducted and the length of the appeal period.
  • Asylum seekers from safe countries of origin are typically placed in mixed reception facilities. Of the examined countries, only in the Netherlands and Germany special accommodation is designed.
  • Jurisprudence seems to influence policymaking in the case studies only to a limited extent, and to a lesser extent as in the Netherlands.

Topics

Document Details

Citation

Chicago Manual of Style

Eekelschot, Lana, Emma Zürcher, Fook Nederveen, Felicitas Hochstrasser, and Stijn Hoorens, Veilige landen van herkomst [Safe countries of origin] : Een internationale vergelijking van de toepassing van het 'veilige landen van herkomst'-concept in asielbeleid [An international comparison of the application of the 'safe countries of origin' concept in asylum policy]. Santa Monica, CA: RAND Corporation, 2024. https://www.rand.org/pubs/research_reports/RRA2708-1.html.
BibTeX RIS

Research conducted by

This publication is part of the RAND research report series. Research reports present research findings and objective analysis that address the challenges facing the public and private sectors. All RAND research reports undergo rigorous peer review to ensure high standards for research quality and objectivity.

This document and trademark(s) contained herein are protected by law. This representation of RAND intellectual property is provided for noncommercial use only. Unauthorized posting of this publication online is prohibited; linking directly to this product page is encouraged. Permission is required from RAND to reproduce, or reuse in another form, any of its research documents for commercial purposes. For information on reprint and reuse permissions, please visit www.rand.org/pubs/permissions.

RAND is a nonprofit institution that helps improve policy and decisionmaking through research and analysis. RAND's publications do not necessarily reflect the opinions of its research clients and sponsors.