The UN Refugee Agency (UNHCR) considers asylum procedures in so-called safe third countries to be generally possible, but only under strict conditions. Migration researcher Gerald Knaus also sees such procedures outside the European Union as a viable option.
The UNHCR has long taken the position that returns or transfers to such states can only be considered appropriate if these countries fully respect the rights under the Geneva Refugee Convention and human rights obligations, said a statement from the UNHCR in Germany . In addition, a corresponding agreement with such a state must help “to share the responsibility for refugees fairly among the states instead of shifting it.”
The UNHCR representative in Germany, Katharina Lumpp, emphasized that under international refugee law, the “primary responsibility” for examining asylum applications and granting international protection lies with the state in which an asylum seeker arrives and requests protection. Processing this request for protection outside the country’s own borders does not affect this obligation.
Federal government examines: Asylum procedure outside Europe possible?
The federal government wants to check whether asylum procedures are possible outside Europe. It will be specifically examined whether the determination of the protection status of refugees can also take place in transit or third countries in the future, while respecting the Geneva Refugee Convention and the European Convention on Human Rights. Federal Chancellor Olaf Scholz (SPD) and the heads of government of the federal states had agreed on this.
However, Bremen, Lower Saxony and Thuringia had pointed out in a protocol statement accompanying the decision that, from their point of view, “only countries to which those seeking protection have gone voluntarily are eligible for a determination of protection status outside the EU territory”. According to a spokesman for the Federal Ministry of the Interior, the legality of asylum procedures in third countries should be checked.
Researchers: Building block for limiting irregular migration
Migration researcher Knaus sees asylum procedures outside Europe as a possible important component in limiting irregular migration. A European pilot project is now needed, he told the German Press Agency and added: “The EU Commission could suggest that Italy can send everyone who comes across the central Mediterranean in the next two years to a safe third country.”
Italy’s Prime Minister Giorgia Meloni and Albania’s Prime Minister Edi Rama had signed a declaration of intent to set up two centers in Albania to receive migrants rescued in the Mediterranean. People rescued by Italian authorities’ ships are to be taken to Albania to undergo their asylum procedure. Only people whose asylum application is approved should then be brought to Italy.
The number of new asylum seekers in Germany reached 31,887 in October, the highest level since 2016. In September 2016, the number of initial applications was higher than last October at more than 70,000, said a spokesman for the Federal Office for Migration and Refugees (Bamf) in Nuremberg. According to Bamf, 267,384 initial applications for asylum have been made since the beginning of the year.
Scholz: Disappointed about Merz’s rejection
Meanwhile, Chancellor Scholz regretted the preliminary rejection by opposition leader Friedrich Merz (CDU) of further discussions on migration policy. The Chancellor finds this a great shame, said deputy government spokeswoman Christiane Hoffmann. Scholz had the impression that things remained different after a meeting last Friday. However, he sees that no one can be forced to cooperate constructively. “But the Chancellor’s hand will remain outstretched.”
Merz had previously accused Scholz of a lack of willingness to cooperate with the opposition. Scholz refused to set up a joint working group between the government and the Union to control immigration. “In my opinion, the German pact on migration is now over,” said the CDU leader and chairman of the Union parliamentary group. “I don’t see any willingness on the part of the Chancellor at the moment to substantially continue the discussions with us.”
Hoffmann pointed out that there had been a good joint decision in the consultations with the prime ministers – including with heads of government from the CDU and CSU. The Union’s proposals to limit irregular migration were also taken into account.
Voices from the Bundestag
The parliamentary managing director of the Union faction, Thorsten Frei, said in a current hour in the Bundestag that Scholz had first denied the current “migration crisis”, then ignored it and finally intensified his rhetoric. However, no decisive changes were initiated. SPD parliamentary group vice-president Dirk Wiese noted that the majority of the over 23 million people with a migrant background in Germany represent “a great opportunity for this country”. Union politicians should therefore think carefully about “what tone they bring to the debate”.
