Are Asylum Seekers Required To Stop At The First Country

During the influx of middle eastern refugees in 2015 2016 these rules were eased but returned back to normal in the following years. Dr sarah singer senior lecturer in refugee law at the refugee law initiative university of london told full fact that there is nothing in the 1951 refugee convention which requires an asylum seeker to lodge a claim for asylum in the first or indeed any country they may pass through on their way to the country in which they eventually make a claim for asylum.

Are Refugees Obliged To Claim Asylum In The First Safe Country They Reach Free Movement

are asylum seekers required to stop at the first country

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Applicant for asylum member states may take into account article 27 1.

Are asylum seekers required to stop at the first country. It should be noted that member states are not required to apply the concept of first country of asylum as article 26 is a permissive provision1however in accordance with the apd those member states which apply the concept are not required to examine. Broadly first entry asylum agreements require the signatory parties to agree to accept and process asylum seekers if they enter their territory first. Equally there is nothing to prohibit an asylum seeker from lodging a legitimate asylum claim having passed through other safe.

Technically yes according to the dublin accord asylum can only be applied at the entry point of the first eu member state the asylum seeker reaches or in case he was holding a schengen visa then he must apply for asylum in the visa granting member state even if it wasnt his first entry point to the eu. But as a matter of administration one eu country can send the asylum seeker back to another eu country under this system. There is no legal duty or obligation on the asylum seeker to claim and remain in the first safe country and an asylum seeker who moves on is not breaking the law by doing so or disqualifying themselves from refugee status.

For instance the us canada safe third country agreement requires asylum seekers to apply for protection in canada or the united states when they arrive 2 in one of these countries.

Are Refugees Obliged To Claim Asylum In The First Safe Country They Reach Free Movement