First Country of Asylum – EU Migration Pact information

Procedures Regulation:
Recital 45

Member States should have the possibility to reject an application as inadmissible for instance when a country which is not a Member State is considered to be a first country of asylum or a safe third country for the applicant or when an international court or tribunal has provided safe relocation to the applicant to […]

Procedures Regulation:
Recital 47

Member States should have the possibility to apply the concept of first country of asylum as a ground for inadmissibility where the applicant enjoyed effective protection and can still avail himself or herself of that protection in a third country, where his or her life and liberty are not threatened on account of race, religion, […]

Procedures Regulation:
Recital 52

In order for Member States to be able to reject an application as inadmissible on the basis of the concepts of first country of asylum or safe third country, an individual assessment of the particular circumstances of the applicant should be carried out, including of any elements submitted by the applicant explaining why those concepts […]

Procedures Regulation:
Recital 53

An application should not be rejected as inadmissible on the basis of the concepts of first country of asylum or safe third country where it is already clear at the stage of the admissibility examination that the third country concerned will not admit or readmit the applicant. Furthermore, if the applicant is eventually not admitted […]

Procedures Regulation:
Article 34 – Examination of applications

1. The determining authority shall examine and take decisions on applications for international protection in accordance with the basic principles and guarantees set out in Chapter II. 2. The determining authority shall take decisions on applications for international protection after an appropriate examination as to the admissibility or merits of an application. The determining authority […]

Procedures Regulation:
Article 38 – Decision on the admissibility of the application

1. The determining authority may assess the admissibility of an application, in accordance with the basic principles and guarantees provided for in Chapter II, and may be authorised under national law to reject an application as inadmissible where any of the following grounds applies: (a) a country which is not a Member State is considered […]

Procedures Regulation:
Article 44 – Decisions in the framework of the asylum border procedure

1. Where a border procedure is applied, decisions may be taken on the following: (a) the inadmissibility of an application in accordance with Article 38; (b) the merits of an application where any of the circumstances referred to in Article 42(1), points (a) to (g) and (j), and Article 42(3), point (b), apply. 2. Where […]

Procedures Regulation:
Article 57 – The notion of effective protection

1. A third country that has ratified and respects the Geneva Convention within the limits of the derogations or limitations made by that third country, as permitted under that Convention, shall be considered to ensure effective protection. In the case of geographical limitations made by the third country, the existence of protection for persons who […]

Procedures Regulation:
Article 58 – The concept of first country of asylum

1. A third country may only be considered to be a first country of asylum for an applicant where in that country: (a) the applicant enjoyed effective protection in accordance with the Geneva Convention, as referred to in Article 57(1), or enjoyed effective protection as referred to in Article 57(2), before travelling to the Union, […]