Dublin, 22/01/2004 (Agence Europe) - Most Member States are in favour of drafting a list of "safe third countries" to which asylum seekers may be sent back, said Irish Justice Minister Michael McDowell in Dublin on Thursday, after discussions in the "asylum" directives at the informal Justice and Home Affairs Council. Two conditions must be met, he noted: applicants must have links with the third country, and the third country must guarantee appeals procedures in the case of asylum applications being turned down. Michael McDowell announced that the Presidency will present a text on this basis, to the Strategic Committee on immigration, borders and asylum. Prior to the meeting, he told Irish national radio, RTE, that he hoped for political agreement on the "asylum" directives "probably in the eight to twelve weeks to come", i.e. late February or mid-March.
"We are beginning to see the light at the end of the tunnel", declared Commissioner Antonio Vitorino at the end of the debate. He observed that the whole dossier could be unblocked if ministers reached agreement on the most contentious point: the definition of safe countries where asylum seekers could be sent back to. He insisted on certain conditions being respected. Firstly, seekers have to have a link to the third country which could be: transit, family, having lived there, having a visa for the country, same culture or language. According to Vitorino, it is also fundamental that seekers have access to appeals procedures in third countries, a point on which all delegations appear to agree. Antonio Vitorino also underlined the minimum standard for defining a third country as "safe", which should be signed at the Geneva Convention on refugees or the European Contention on human rights.
The United Kingdom is opposed to too exact criteria being set in the directive, fearing that this could produce a plethora of legal appeals. German minister, Otto Schily, said that the only criteria necessary would be that on transit.
Contrary to the opinion of Commissioner Vitorino, most delegations wanted the list to be applied in an operational manner. Whatever the circumstances, European criteria will be minimum standards that could be toughened up at a national level.
Invited to take part in the debates, the United Nations High Representative for Refugees, Ruud Lubbers said that he was "less worried" after the meeting than when had arrived. He considered that ministers appeared ready to apply the most restrictive criteria for defining a "safe" third country. Nevertheless, he insisted that the third country be provided with appeals procedures by allowing the two exceptions included in the Geneva Convention: when there abuse of procedures has clearly been involved or when a demand is unfounded. Mr Lubbers again appealed for the setting up of a common centre in the European Union to manage requests for asylum.