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The government embraces European proposal to facilitate application of ‘safe third country’ concept

NETHERLANDS, July 30 - News item | 30-07-2025 | 15:00

If it is up to the European Commission, the options open to member states when it comes to deciding not to consider the substance of an asylum request will be expanded in cases in which the person in question can receive protection in another, safe country outside the EU. The government, along with other member states, asked the commission to come up with a proposal which should ensure that fewer people end up coming to the Netherlands and that we get a grip on migration.

It is currently the case that the substance of an asylum application cannot be considered if the asylum seeker in question has a link to another safe country outside the EU. The proposal would legally allow for this also to be the case in situations in which an asylum seeker has already travelled through another safe country, or in which the EU or the Netherlands have agreements in place with a safe country for the asylum procedure to be conducted there.

As Minister van Hijum for Asylum and Migration explains: “The Netherlands argued for this in Brussels, so it’s good that the European Commission has come up with this proposal. It will establish a legal basis for not every asylum application having to be processed in the Netherlands. We’re continuing to work hard in the European context to get a grip on migration and that’s what I’m committed to going forwards.”

Changing the ‘safe third country’ concept will make it easier to decide that an asylum request is not going to be considered because there is another safe country the asylum seeker in question can go to. However, certain conditions do apply. For example, the asylum seeker must actually be able to gain access to that safe country. In addition, international law and the Asylum Procedures Directive set out criteria a country must meet in order to be considered safe. That will continue to be the case.

Moreover, the point of departure is still that anyone seeking asylum should be able to do so safely. However, if agreements exist with a third country, the asylum application will not necessarily have to be processed in the Netherlands or the European Union. In the coming period, the Netherlands is committed to completing the negotiations on this proposal, both with the other member states and the European Parliament, as soon as possible.

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