Country of origin, safe – Definition, legal foundations and significance
Definition of a safe country of origin
The term “safe country of origin” refers, in asylum and residence law, to states in which, according to statutory assessment, neither persecution nor inhuman or degrading punishment or treatment takes place. Applicants from such states are generally presumed to have unfounded asylum claims, unless they can present individual grounds for persecution. Classification as a safe country of origin is not arbitrary, but is based on political, legal, and factual assessment criteria regulated by national and European provisions.
National legal foundations
Statutory anchoring in Germany
In Germany, the concept of the safe country of origin is centrally regulated in the Asylum Act (AsylG) . According to § 29a AsylG, the asylum application of nationals from a country of origin classified as safe may be rejected as manifestly unfounded, provided there are no specific individual reasons against the general assessment. The list of safe countries of origin is included in Annex II to the Asylum Act and is regularly updated by law or through a parliamentary resolution.
Requirements for classification
A state can be classified as a safe country of origin under § 29a para. 2 AsylG if, based on the legal situation, its legal practice, and the general political conditions, it is ensured that neither the nationals of the state nor stateless persons habitually residing there face persecution as defined by the Geneva Refugee Convention. In particular, protection against torture, inhuman or degrading treatment, and the existence of free and fair legal mechanisms must be taken into account.
Inclusion and amendment of the list
Decisions on the inclusion of a state in the list of safe countries of origin are made by the German Bundestag, with the Federal Ministry of the Interior bearing special responsibility here. The list is regularly reviewed and adjusted when circumstances change. Reports from international organizations and the country’s own diplomatic representations serve as the basis for review.
European legal bases
Asylum Procedures Directive (EU)
The classification of safe countries of origin is also regulated at the European level, particularly in the Directive 2013/32/EU (Asylum Procedures Directive). Articles 36 to 39 lay out the requirements under which Member States may designate certain countries as safe. The criteria include, among others, the state’s obligation to respect human rights, provide protection from persecution, and observe the principle of non-refoulement.
Common EU list and national responsibilities
The European Union may, in addition to the national list, set out a common EU-wide list of safe countries of origin. Currently, however, this consists of recommendations which must be implemented in national law. National legislators retain the right to maintain their own additional lists, provided EU minimum standards are observed.
Legal implications for asylum seekers
Procedures and burden of proof
Asylum seekers from a country of origin classified as safe are subject to an accelerated asylum process. They must present and credibly substantiate that they are individually threatened by persecution or serious danger. The burden of proof generally lies with the applicant.
Legal remedies
Even for individuals from a safe country of origin, legal recourse remains available. They may file appeals against the rejection by the asylum authorities. However, shortened deadlines apply for objections and lawsuits (usually one week), and suspensive effect is restricted. In addition, accommodation is provided in special reception centers until the claim is decided, to enable prompt repatriation.
Exceptions and special protection groups
Exceptions to the principle of safe countries of origin exist for particularly vulnerable groups such as minors, traumatized persons, or individuals at risk of persecution due to characteristics differing from the majority (e.g. ethnic, religious, or sexual minorities).
Critical assessment and constitutional limits
Federal Constitutional Court’s standards of review
The Federal Constitutional Court has repeatedly specified the legal permissibility and constitutional limits of classifying safe countries of origin. Key requirements relate especially to the actual situation in the country of origin, which must be reviewed regularly. There must be no structural human rights abuses or systemic threat of persecution.
International criticism and human rights concerns
Internationally, the practice of safe countries of origin is regularly discussed critically. Critics argue that even in officially safe countries, particular groups may face specific persecution. The general classification can thus lead to insufficient protection in individual cases. Internationally recognized standards, especially those of the Geneva Refugee Convention and European Convention on Human Rights (ECHR), set important minimum requirements.
Overview and list of safe countries of origin (Germany, as of June 2024)
Current list in accordance with Annex II AsylG
- Albania
- Bosnia and Herzegovina
- Ghana
- Kosovo
- Montenegro
- North Macedonia
- Senegal
- Serbia
This list is continuously updated in accordance with global developments.
Significance in the context of asylum and migration law
Classification as a safe country of origin is significant for migration and asylum systems in Europe and, particularly, in Germany. It enables faster procedures and more efficient management of migration policy processes. At the same time, careful monitoring of the general and individual circumstances in the country of origin is crucial to uphold human rights standards and ensure individual protection claims are always considered.
Literature and further information
- Asylum Act (AsylG)
- Directive 2013/32/EU (Asylum Procedures Directive)
- Geneva Refugee Convention
- Reports of the Federal Office for Migration and Refugees (BAMF)
- Rulings of the Federal Constitutional Court on asylum law
In summary: The safe country of origin is a legal term that fundamentally shapes the asylum process. Its classification is based on strict legal and factual criteria to protect human rights and is subject to continuous review. The legal consequences primarily involve accelerated procedures, allocation of the burden of proof, and legal remedies. At the same time, individual assessment and comprehensive refugee protection remain the supreme standard in legal practice.
Frequently Asked Questions
What legal criteria determine whether a country of origin is classified as a “safe country of origin”?
A country of origin is considered a “safe country of origin” under German and European law if it can be assumed that, for the citizens of the country, neither persecution as defined by the Geneva Refugee Convention nor torture, inhuman or degrading treatment or punishment is generally to be feared. The legal basis for such classification in Germany is § 29a Asylum Act (AsylG) as well as Article 16a paragraph 3 of the Basic Law (GG). Central to this is that the legislation, the general political situation, and the practical application of the law in the country of origin justify the assumption that persecution for asylum-relevant reasons does not generally occur. The European Union sets out further binding criteria for the assessment of safety in the Procedures Directive (2013/32/EU). Decisions to include or remove a state from the list of safe countries of origin in Germany are made by the legislature, i.e. the Bundestag with the approval of the Bundesrat.
What are the legal consequences of classifying a country as a safe country of origin for asylum applications from persons from that country?
If a country of origin is classified as safe, this has significant consequences for the asylum procedure of applicants from that country. Their application is handled as “manifestly unfounded” unless specific individual reasons can be asserted. The relevant provision here is § 29a AsylG. In particular, this means that the affected persons have an increased obligation to provide detailed reasons in the proceedings: they must credibly establish that, despite the general safety of the state, they were or would be subject to persecution in their specific individual case. In addition, the asylum process is accelerated, and appeals and lawsuits against negative decisions do not have suspensive effect (§ 36 AsylG), with the result that deportation can generally occur very promptly.
What legal possibilities do affected persons have to challenge the classification of their country of origin as safe?
The classification of a country of origin as safe is made by law and cannot be individually contested in the asylum process. However, those concerned can appeal the rejection of their asylum application, which was based on the safe country rationale – especially by filing a claim before the administrative court. They must substantiate that, personally, there is a risk for them that does not apply generally but does apply individually in their country of origin. A review of the statutory classification as a safe country of origin itself can only take place at the European law level, for example through infringement proceedings or at the Federal Constitutional Court within the framework of judicial review of norms.
Can certain groups of people still be eligible for asylum in a “safe country of origin”?
Yes, it is legally possible for persons from “safe countries of origin” to qualify for asylum. The law provides only a legal presumption, which can be rebutted in individual cases. Thus, proven individual persecution (e.g., due to specific characteristics such as sexuality, religion, or personal political activities) can still lead to protection under the Asylum Act, the Geneva Refugee Convention, or subsidiary protection status. This corresponds in particular to the principle of individual risk assessment in EU law.
Who reviews the current security situation and how can the classification as safe change?
The security situation is continuously reviewed at both the national and European level by governmental bodies. In Germany, the Federal Ministry of the Interior and the Foreign Office are the central agencies monitoring political and human rights developments. Relevant information can also be provided by reports of independent international organizations (such as UNHCR) or NGOs. Changes in legal classification are made through legislative procedures: the legislature can remove a country from the list if there are well-founded doubts about its safety in terms of residence law. Here again, approval from both the Bundestag and the Bundesrat is required.
What is the significance of classification as a safe country of origin in the context of European asylum law?
The European Union sets uniform criteria for the definition of safe countries of origin in its Asylum Procedures Directive (Directive 2013/32/EU, especially Articles 36 et seq.). If a country of origin is deemed safe, this allows Member States to process asylum applications from nationals of these states through so-called accelerated procedures. Mutual recognition of lists of safe countries of origin is, however, limited, since EU Member States may maintain their own national lists. Nevertheless, legal remedies such as complaints at the European level remain available.
Can changes in the political or human rights situation affect the status of a safe country of origin?
Yes. The legal classification as a safe country of origin is not static but a dynamic category subject to ongoing review. If the political or human rights situation in the relevant country deteriorates significantly – for example, due to new conflicts, systematic persecution of particular groups, or a marked increase in human rights violations – both the national government and parliament may initiate a process to remove the country from the list. The legal bases and review mechanisms ensure that protection against return to unsafe conditions is always maintained.
