Safe countries of origin
Publisher | Germany: Federal Office for Migration and Asylum |
Publication Date | 24 March 2016 |
Cite as | Germany: Federal Office for Migration and Asylum, Safe countries of origin, 24 March 2016, available at: http://www.refworld.org/docid/576265444.html [accessed 27 September 2016] |
Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
The legislature can define a country of origin as a safe country of origin if it is possible to prove on the basis of the democratic system and of the general political situation in this country that no state persecution is to be feared there as a rule, and that the State provides protection against non-state persecution. That the State provides protection against non-state persecution means for instance that there are legal and administrative provisions in place to provide protection for the population, and that these are also made accessible to all and indeed applied. If a country has been qualified as a safe country of origin, the "default presumption" applies that there is no risk of persecution.
Germany considers the following countries to be safe countries of origin:
- the Member States of the European Union
- Albania
- Bosnia and Herzegovina
- Ghana
- Kosovo
- Macedonia, former Yugoslav Republic of
- Montenegro
- Senegal
- Serbia.
If an individual comes from such a safe country of origin, and if the asylum process is carried out, he/she will be afforded the opportunity during the interview to submit facts or evidence in support of the case that he/she is at risk of persecution in his/her home country, in derogation from the default presumption. Assuming that the legal prerequisites apply, he or she would be entitled to protection in Germany. If however the facts or evidence are inadequate to refute the default presumption, the asylum application is to be denied as manifestly ill-founded.
An individual asylum procedure is consequently available for each individual, including those who come from a safe country of origin.
Acceleration of the process
The safe countries of origin arrangement has the effect of accelerating the asylum process since the submission of facts is insufficient in many sets of proceedings to refute the default presumption, and hence the time-consuming process of taking evidence and carrying out factual investigations is avoided. In addition, the appeal periods are curtailed for asylum applications which are turned down as manifestly ill-founded. This also has the effect of accelerating the proceedings for court actions that are lodged with the administrative courts.
Obligation to reside in a particular place
Applicants from safe countries of origin are obliged to live in the reception facility responsible for receiving them until the Federal Office's decision is taken. Such individuals may also not engage in gainful employment during this period.
Hervorhebung_Gesetzgebung: Background information
Reasons for the legal amendments carried out in 2014 and 2015
A new law came into force in Germany on 6 November 2014 defining the states Serbia, the FYR of Macedonia, as well as Bosnia and Herzegovina, as safe countries of origin. The remaining states of the Western Balkans, that is Albania and Kosovo as well as Montenegro, were declared safe countries of origin when a further legal amendment came into force as per 24 October 2015.
The legislature has defined the Western Balkans as safe countries of origin as it appears to be guaranteed there that the prerequisites for granting refugee protection, asylum and subsidiary protection are met in isolated cases only for nationals of these states. The Geneva Convention on Refugees does not include poverty among its grounds for asylum. Furthermore, the background for the examination of whether the prerequisites apply in the Western Balkan states to define them as safe countries of origin were that, in the first nine months of 2015, 40.8% of all applications (from all countries of origin) were lodged by asylum-seekers from the Western Balkans, and only 0.3% satisfied the prerequisites for granting protection.
Hervorhebung_Gesetzgebung: The legal basis
• Art. 16 a of the Basic Law - Right of asylum
The Basic Law (Grundgesetz - GG)
• section 29 a of the Asylum Act (Asylgesetz - AsylG) - Safe country of origin
• section 47 subs. 1 a of the Asylum Act - residence in a reception facility
• section 61 subs. 1 of the Asylum Act - gainful employment