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7 Allocation and Safe Third Country Arrangements

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Chapter Summary

In Common European Asylum System, the exception of the safe third country functions in two ways. First, Member States may apply the exception and expel to applicant to safe non-Member State. Then, the merits of the application for asylum are not considered within the European Union. European asylum law provides five variants of safe third country exception. The "safe third country concept" embraces two elements: criteria for establishing responsibility to process a claim for protection, and rules to secure readmission of asylum seeker. The Dublin Regulation, its predecessor the Dublin Convention and related agreements regulate allocation of applicants within the European Economic Area (EEA). International law allows for expulsion of protection seekers to a third country, if certain conditions are met. Most importantly, all prohibitions of refoulement prohibit expulsion to a third country resulting in subsequent expulsion to the country where the protection seeker runs a risk of being persecuted.

Keywords: asylum seeker; common european asylum system; dublin convention; european economic area (EEA); safe third country concept



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