EU Parliament Approves Major Asylum Transfer Changes
The European Parliament has approved a legislative change concerning the transfer of asylum seekers arriving in the European Union, a modification that allows for the transfer of individuals to countries with which they have no prior connection, before their asylum claims are processed.
The change, part of the Asylum Procedure Regulation (APR), removes the requirement for a link between an applicant and a transfer country. This enables national authorities to move asylum seekers to states they have not previously visited. This development could facilitate agreements between EU member states and foreign governments for accepting migrants from Europe, potentially in exchange for financial support, akin to a previous proposal by the United Kingdom with Rwanda. The UK's project was ultimately blocked and then abandoned.
New Transfer Provisions
Under the new EU regulation, asylum seekers can be transferred to almost any country globally, provided an agreement or arrangement exists with an EU state and the country is deemed "safe."
A "safe" country is defined as one where a person seeking international protection will be treated according to international standards. Safeguards include protection from persecution and serious harm, adherence to the principle of non-refoulement, access to effective protection under the Geneva Refugee Convention, and a functioning asylum system that grants education and work permits in addition to residence rights.
Unaccompanied minors are exempt from this new provision; their asylum applications will continue to be assessed by European countries or countries with which they have a connection or through which they have transited.
Supporters' Viewpoint
German MEP Lena Düpont, rapporteur for the file, stated that the change aligns with international law and aims to prevent prolonged asylum processes within European systems.
"This vote enables EU member states to utilize cooperation with third countries differently," Düpont asserted.
The Vote and Political Divisions
The approval occurred with 396 votes in favour, 226 against, and 30 abstentions. The European People’s Party (EPP) collaborated with the European Conservatives (ECR) and far-right groups Patriots for Europe (PfE) and Europe of Sovereign Nations (ESN) to secure its passage. Conversely, the Socialists and Democrats (S&D) and Renew Europe largely voted against it, though some defections occurred. This vote highlighted a division within the parliamentary alliance supporting Ursula von der Leyen’s Commission on migration-related issues.
Concerns and Criticism
Some left-wing and liberal MEPs expressed a "minority position," calling the new safe third country concept "problematic."
S&D MEP Cecilia Strada indicated that removing the connection criterion could lead to "instrumentalisation by third countries," where countries might accept agreements for money and then potentially use such arrangements for leverage against Europe. She also raised concerns regarding the fundamental rights of asylum seekers and democratic principles.
Civil society organizations have voiced similar concerns. The European Council on Refugees and Exiles (ECRE) questions the adequacy of protection possibilities for asylum seekers in third countries.
ECRE suggests the new legislation increases risks for vulnerable groups, including survivors of violence and LGBTQ+ individuals. ECRE also criticized the removal of the automatic suspensive effect on appeals, which could result in transfers outside the EU before legal reviews are completed.
Related Development: Safe Countries of Origin
In a related development on the same day, Parliament also approved the first EU list of "safe countries of origin" for asylum purposes. This list includes Bangladesh, Colombia, Egypt, India, Kosovo, Morocco, and Tunisia, along with all EU candidate countries except Ukraine. This "safe country of origin" concept is distinct from the "safe third country" concept but also aims to expedite the asylum process in Europe by fast-tracking applications from nationals of these designated countries.