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Asylum transfers to third countries: UNHCR advises lawmakers on stronger safeguards in EU proposal
UNHCR, the UN Refugee Agency has urged EU lawmakers to reinforce safeguards in a European Commission proposal that could significantly affect how asylum-seekers are transferred to countries outside the European Union.
On 20 May, the European Commission published a proposed revision to the Asylum Procedure Regulation (EU 2024/1348), which aims to change the conditions under which EU Member States could consider sending asylum-seekers to so-called safe third countries (STCs) outside of the EU where people could seek and obtain protection.
The proposal would give Member States greater leeway to transfer asylum-seekers to third countries they consider safe. The proposal introduces three different ways for Member States to apply the safe third country concept: on the basis of a connection between the asylum-seeker and the third country (such as family links or previous residence in the country); due to the fact that the asylum-seeker transited through a safe third country on their way to the EU; or on the basis of an agreement or arrangement with a safe country which has agreed to receive them.
While primary responsibility lies with the state where a person arrives and seeks protection, refugees do not have an unfettered right to choose their asylum country. UNHCR understands the difficulties countries face when asylum-seekers move from one country to another. In some situations, and with robust protective measures and guarantees in place, asylum-seekers may be transferred to a safe third country where they can access asylum procedures and receive the protection they need.
At the same time, UNHCR stresses that strong safeguards must be applied when sending asylum-seekers to a safe third country. UNHCR believes that any transfer of asylum seekers between countries is best based on a legally binding, public agreement which outlines state responsibilities in relation to the protection of those being transferred. In the safe third country, transferred asylum seekers would need to receive a full and fair review of their asylum claim in its substance, alongside access to other rights in line with the 1951 Refugee Convention, its 1967 Protocol and international human rights law. Equally importantly, countries should not use this approach to avoid their responsibility to provide asylum on their own territory. UNHCR warns that increasing transfers to safe third countries risks weakening the right to seek asylum in the EU – which would undermine the very foundation of the EU’s asylum system and be detrimental for the international refugee protection regime more broadly.
UNHCR welcomes certain elements in the proposal.
One is the proposal’s provision for transfers to take place based on a connection between people seeking asylum and the proposed receiving country. Although not required under international law, UNHCR reiterates its position that a meaningful connection is the most sustainable and reasonable basis for transferring asylum-seekers to safe third countries – a position which the Commission took note of in the proposal. This helps ensure that asylum-seekers are transferred to countries where they have better prospects to stay – and reduce the likelihood of further onward movements.
The UN Refugee Agency also welcomes the proposed new obligation for Member States to inform the European Commission and other EU countries before they conclude agreements with third countries for the transfer of asylum-seekers. This requirement will improve transparency in decisions made by individual Member States.
On the other hand, other elements in the proposal present complexities and require further review. UNHCR is deeply concerned about the proposal to remove the automatic suspension of transfers while an appeal is pending. If this change is adopted, asylum seekers could be removed before their cases are fully reviewed, including as regards the safety of the third country in their individual circumstances – a move that risks violating the principle of non-refoulement, which prohibits returning individuals to any country where they may face serious risks to their life or freedom.
The proposal also introduces the possibility to transfer asylum-seekers to countries with which they have no connection. Such transfers are more complex and need extra safeguards – both to protect individual asylum seekers and also in light of the need to ensure that such movements do not undermine international solidarity and responsibility sharing.
In addition, as mentioned above, any transfers to a safe third country must not lead to international responsibilities being shifted onto other states, must ensure transferred asylum seekers are able to access their rights, and are best governed in UNHCR’s opinion through a legally binding, public agreement. Importantly, UNHCR does not consider that mere transit through a safe country is, in the absence of these safeguards and protections, an appropriate ground on which to apply the safe third country concept.
UNHCR stands ready to further advise, support and assist the European Parliament, Member States, and the European Commission in identifying mechanisms to use the safe third country concept which are effective and in line with European and international law. In this spirit, UNHCR will be releasing further guidance on transfers of refugees and asylum seekers and more detailed commentary on the Commission’s proposals to help guide the negotiations.
Features
UN appoints new senior leadership for UNHCR
The United Nations has announced a new set of senior appointments to the leadership of the UN Refugee Agency (UNHCR), with Secretary-General António Guterres naming Tressa Rae Finerty as Deputy High Commissioner for Refugees, Antón Leis García as Assistant High Commissioner for Operations, and Edem Wosornu as Assistant High Commissioner for Protection.
The appointments, announced on Saturday, are expected to take effect in the coming weeks.
The three officials will occupy the most senior positions within UNHCR, supporting the High Commissioner in leading the agency’s global response to the protection and assistance of refugees, stateless persons and other people forced to flee their homes.
Welcoming the appointments, UN High Commissioner for Refugees Barham Salih expressed confidence that the incoming officials would strengthen the agency’s response to the growing global displacement crisis.
“I warmly welcome these appointments and look forward to working closely with Tressa, Anton and Edem,” Salih said.
“Their leadership, experience and commitment will be invaluable as UNHCR responds to displacement challenges around the world. Together, we will work to continue strengthening protection, expanding opportunities for self-reliance and pursuing lasting solutions that help refugees rebuild their lives with dignity.”
Finerty, a career member of the U.S. Senior Foreign Service, currently serves as Chargé d’Affaires at the United States Mission to the United Nations and Other International Organizations in Geneva. She previously served as Deputy Chief of Mission in Geneva and Deputy Executive Secretary in the Office of the U.S. Secretary of State. Her diplomatic career has also included postings at the U.S. Mission to the United Nations in New York and embassies in Malaysia, Iraq, Armenia and Thailand. In addition, she has taught refugee policy at New York University and Georgetown University.
Leis García currently heads the Spanish Agency for International Development Cooperation (AECID), Spain’s development and humanitarian agency. He has previously held senior positions at the Organisation for Economic Co-operation and Development (OECD), the Office of the President of the Spanish Government, and international financial institutions including the African Development Bank and the World Bank Group.
Wosornu currently serves as Director of the Crisis Response Division at the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) and chairs the Inter-Agency Standing Committee Emergency Directors Group. She has held several senior headquarters and field positions within OCHA and began her United Nations career as an intern at UNHCR before working in the private legal sector in the United Kingdom.
The newly appointed officials will replace Kelly T. Clements, Deputy High Commissioner; Raouf Mazou, Assistant High Commissioner for Operations; and Ruvendrini Menikdiwela, Assistant High Commissioner for Protection, whose terms are coming to an end.
Paying tribute to the outgoing leaders, Salih praised their contributions to the agency’s humanitarian mission.
“The organization owes a profound debt of gratitude to Kelly, Raouf and Ruven for their exceptional service and dedication,” he said. “Their leadership has strengthened UNHCR’s ability to protect and assist millions of displaced and stateless people around the world.”
Features
Sixth batch of Nigerians stranded in South Africa return home
The final batch of 40 stranded Nigerians evacuated from South Africa has arrived at the Murtala Muhammed International Airport (MMIA) in Lagos, bringing to a close the Federal Government’s evacuation exercise that returned a total of 1,174 citizens.
The returnees landed on Friday night aboard a chartered Air Peace flight, marking the sixth and final phase of the evacuation programme.
In a statement issued on Saturday, the Director of Media, Public Relations and Protocols of the Nigerians in Diaspora Commission (NiDCOM), Abdur-Rahman Balogun, said the exercise was carried out through six flights operated by Air Peace and ValueJet.
According to the commission, the first five batches brought home 258, 266, 262, 282 and 66 Nigerians, while the final chartered Air Peace flight evacuated the remaining 40 stranded citizens.
Balogun said the returnees expressed appreciation to President Bola Tinubu for approving the evacuation from South Africa. They also thanked the Minister of Foreign Affairs, Bianca Odumegwu-Ojukwu, the Acting Nigerian Ambassador to South Africa, Temitope Alexander-Ajayi, and NiDCOM Chairman and Chief Executive Officer, Abike Dabiri-Erewa, for facilitating their safe return.
The evacuees were received at the airport by NiDCOM officials, who also announced a series of support packages from government agencies, corporate organisations and individuals.
According to the statement, Governor Hope Uzodimma of Imo State approved a grant of N1 million for each returnee from the state. Telecommunications company MTN also donated free SIM packs with N50,000 worth of data and pledged to credit each returnee’s bank account with N100,000.
Officials from the Edo and Delta State governments similarly announced assistance for their indigenes among the evacuees.
The commission added that the JAAL Foundation pledged empowerment support for 50 female returnees, while the General Overseer of Omega Power Ministries Worldwide, Apostle Dr Chibuzor Gift Chinwe, was commended for providing free accommodation for about 52 returnees, skills acquisition opportunities for their families and free education for their children up to university level.
The returnees also acknowledged Pastor Bolaji Idowu of Harvesters Church for donating N100,000 each to 66 evacuees, while real estate firm Cruxstone provided financial support to the first batch of returnees.
Balogun said officials of the National Emergency Management Agency (NEMA), the National Commission for Refugees, Migrants and Internally Displaced Persons (NCFRMI), the Nigerian Immigration Service (NIS), the Federal Airports Authority of Nigeria (FAAN), the National Identity Management Commission (NIMC) and other security agencies were present at the airport to receive and document the returnees.
“The returnees were full of gratitude for the donations, support and warm welcome received,” the statement said.
Features
EU Pact offers hope for better migration management and fairer asylum systems- IOM, UNHCR
The UN Refugee Agency, UNHCR, and the UN Migration Agency, IOM have welcomed the entry into force today of the European Union’s Pact on Migration and Asylum as an opportunity to move beyond crisis-driven responses and implement a more predictable, fair and effective approach to the issues across Europe.
EU Member States should seize this moment to strengthen migration management and refugee protection while advancing solidarity and responsibility-sharing in line with European values and international obligations, the agencies’ chiefs said.
“The Pact’s entry into full effect today is an important step toward a more predictable and coherent European migration system. What matters now is steady implementation over time that is effective, humane, sustainably resourced and grounded in cooperation,” said Amy Pope, Director General of the International Organization for Migration. “The priority is turning the reforms into practical results for States, communities, and people on the move.”
The Pact aims to make EU asylum systems more efficient and consistent, offering a structured framework for Member State cooperation. This can reduce backlogs while maintaining the quality of assessments, provide greater certainty for asylum-seekers, and enable refugees to begin rebuilding their lives and contributing to their communities sooner.
“This Pact is an important step in the right direction, advancing shared responsibility and more predictable, sustainable approaches across the European Union,” said Barham Salih, UN High Commissioner for Refugees. “UNHCR stands ready to support all Member States in strengthening asylum systems – ensuring access to protection for those in need, upholding human rights and dignity, and enabling safe, lawful and dignified returns for those not in need of international protection.”
IOM and UNHCR welcome the EU’s renewed focus on partnerships with all affected countries. Reducing irregular movements means addressing root causes, ensuring access to protection, tackling smuggling networks, and enabling safe, regular pathways. The organizations will continue to support route-based approaches that ensure policies deliver on protection, dignity and shared responsibility, while contributing to sustainable solutions that benefit both countries and communities along migration routes.
UNHCR and IOM welcome several key elements of the Pact, including earlier identification of people with specific needs, strengthened legal assistance, and new independent monitoring mechanisms at external borders. Returns of those with no legal right to stay must be both effective and humane. Alongside enforcement, they should ensure access to informed voluntary return, early case management, and reintegration support, working with countries of origin, transit and first asylum as part of a balanced approach that upholds dignity and fundamental rights.
These measures can help ensure that asylum processing and return procedures are faster and fairer, reducing uncertainty for asylum-seekers while strengthening public confidence in the migration and asylum system.
UNHCR and IOM stress that implementation will be the decisive test. Procedures must be carried out with adequate safeguards to ensure that no one is returned or transferred to a situation where they may face persecution, conflict or other forms of serious harm.
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