Third-country regulation: What’s behind it?

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The Trump-government verschäft your sound: Who passes through a safe third country, in the USA, should be able to apply for a new available there in the future, no asylum more. The country thus follows the approach in the EU.

Who can present at the border to the United States in the future no letter of rejection of a third country, should be immediately sent back

The tightening of the asylum law will be entirely to the liking of US President Donald Trump. He had made a hard-line approach against illegal immigrants a priority of his policy. So should be reduced with the new scheme, the number of asylum seekers from Central America. With a few exceptions of people that are by a third state in the United States may, therefore, no asylum more on the southern US border to apply for. The UN high Commissioner for refugees, Filippo Grandi, expressed deep concern about it. The new border regime of Donald Trump, is violating the international obligations of the United States.

According to the New York Times would, for example, a Honduran now first asylum in Mexico, and whose output wait. The request was refused, he could request and then for asylum in the United States. Without such a document he would be rejected by the U.S. Department of homeland security directly and sent back. The unconditional right to asylum in the United States, would thus be a waste of time.

The Mexican foreign Minister, Marcelo Ebrard criticized the recent restriction of the right of asylum by the US government

The new US scheme is based, among other things, the eponymous European agreement on safe third countries.

What is the safe third country regulation of the EU States?

After that asylum-seekers are obliged to make their application for asylum, where you are in the EU. A foreigner has already achieved a state in which it protection under the Geneva refugee can receive if the Convention can be the entry into another country already at the border is denied. According to the law on asylum proceedings in Germany, anyone entering from a “safe third country” can no longer rely on the fundamental right to asylum.

“Safe third countries” are in accordance with the constitutional requirements of the member States of the EU and other European countries, in which compliance with the Geneva refugee Convention and the Convention on human rights is ensured.

Unlike in the case of EU member States, transit countries such as Mexico and Guatemala, but are in no Association of States, with the United States. In addition, critics of the new scheme say that it will come in these countries to an increase in serious violations of human rights and this could not be as safe.

What is a safe country of origin is?

In contrast to the “safe third country” is the country from which an asylum-seeker is actually. There are in this state of a democratic System, people must expect persecution, torture, or threat of violence, and there is no armed conflict, to consider international law (the Geneva Convention) and EU law (EU asylum procedures Directive) a country as a safe country of origin. In consequence, this means that people who come from such countries and apply for asylum in a EU country, only very low chances of approval. There are, however, within the European Union, no common classification of countries as safe countries of origin. This is the responsibility of the national States. In Germany, Albania, Bosnia and Herzegovina, Ghana, Kosovo, Macedonia, Montenegro, Senegal, Serbia and the EU member States as safe countries of origin are currently valid.