Safe Third Countries and Safe Countries of Origin

Safety Assessment and Implementation for Refugees Seeking Protection in Greece

Abstract

The concepts of safe third country and safe country of origin are widely used by the Member States of the European Union to limit their obligations towards refugees under international law. Greece has designated Türkiye, Albania and North Macedonia as safe third countries and has designated sixteen countries as safe countries of origin. This article examines the safety assessment regarding third countries and countries of origin and their application in the Greek asylum system. It is based on international and European law, the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights paired with desktop research on human rights situations in the designated safe countries. It further explores the implications of these mechanisms for refugee protection. The study raises concerns about the access to a fair and effective asylum procedure and most importantly about the respect of the principle of non-refoulement. Many are left in limbo, neither receiving protection in Greece nor being effectively readmitted to the designated safe third country. Many are forced to return to countries designated as safe, possibly without protection and in fear of persecution/re-persecution and ill-treatment upon return. This situation places the former in a precarious legal and social position, undermining fundamental rights such as access to asylum, healthcare, housing and employment. The latter are also placed in a position that could entail serious consequences for their rights and a real and concrete risk of treatment in violation of the 1951 Convention Relating to the Status of Refugees, the European Convention on Human Rights, the Charter of Fundamental Rights of the European Union and the international human rights instruments.