The document obtained by Euractiv reveals that the Commission is considering changing both the ‘connection criterion’ and how appeals are handled for applications rejected under the safe country rule.

By Nicoletta Ionta

The Commission is pushing to bring forward the review of the safe third country concept, aiming for March rather than June, according to a document seen by Euractiv.  

The safe third country concept (STC) allows asylum seekers to be sent to a country where they can find protection instead of staying in the country they applied to.

The concept is used to “assign protection responsibilities to a state different from the one where the applicant has applied for asylum,” said Helena Hahn, policy analyst at the European Policy Centre, to Euractiv.

The STC is now defined in the Asylum Procedure Directive, recently reformed under the 2024 Asylum Procedure Regulation, adopted as part of the Migration Pact, set to apply in mid-2026. 

The new Regulation mandates an STC review by 12 June 2025. However, the Commission is not obliged to proceed with a legislative change.

Commission President Ursula von der Leyen’s communication ahead of the European Council meeting of December, had hinted at advancing the review of the concept.

Euractiv has learned that the Commission is now in consultations with member states to push for an earlier review in March “instead of June,” the document reads – moving it to the same month the new approach to returns is expected to be presented.    According to the consultation document obtained by Euractiv, the Commission is currently considering significant changes to the connection criterion and the appeals process for applications that are deemed inadmissible based on STC grounds.

Connection criterion

In the new Regulation, one of the primary requirements for applying the STC concept is a ‘connection’ between the asylum seeker and the third country for return. 

The proposed changes under consultation for member states include removing the connection criterion altogether, replacing it with a transit requirement, or keeping it but making it more flexible.  

Removing the rule would mean no link between the asylum seeker and the selected third country would be needed.

“Weakening or removing the criterion could affect returns by expanding the list of countries deemed safe,” explained Hahn.

Hahn warned that this could lead to transfers to countries with inadequate asylum standards under international and EU law. For applicants with no real ties to these countries, it might also hinder integration and increase the risk of further secondary movements, she added. 

Replacing the connection criteria with a transit one would only require proof that the applicant passed through the country.

Under consultation, there is also a more flexible approach that would still require a connection on factors like cultural ties, including “religious aspects or knowledge of the language.” Past residence or transit “would not be required” but could also be considered as a sufficient link, the document reads.

Appeals

Another proposed change under discussion is whether appeals against inadmissibility decisions based on the STC rule should automatically pause deportation. 

Right now, if someone applies for asylum but is told their application is inadmissible, they automatically have the right to stay while they appeal the decision. This means they can’t be sent away until a judge reviews their case.  

The proposed change would mean this right to stay wouldn’t be automatic anymore. Instead, the person would have to ask a court for permission to remain, or the court could decide on its own. 

When asked for a comment, a Commission spokesperson stated that the Commission does not comment on leaked documents. 

Source: Euractiv.com