Safe countries of origin , Date: 2024.01.15, format: Article, area: Asylum and refugee protection

The law defines countries as safe countries of origin if it is possible to prove on the basis of the democratic system and of the general political situation that no state persecution is to be feared there as a rule, and that the State in question can provide protection against non-state persecution as a matter of principle. Protection against non-state persecution means for instance that there are legal and administrative provisions in place to provide protection for the population, and that these are also made accessible to all and are actually effective. The "default presumption" then applies that there is no risk of persecution.

Even if applicants come from a safe country of origin, the personal interview is no different than those with other countries of origin. It is also by no means ruled out that they can be granted protection. Applicants from safe countries of origin are afforded the opportunity during the interview to submit facts or evidence documenting that they are nonetheless at risk of persecution in their home country, in derogation from the default presumption. If this documentation is successful, they may assert their entitlement to asylum. If the new information is inadequate to refute the default presumption, the asylum application is to be denied as "manifestly unfounded". The appeal deadlines for such rejections are curtailed, which has the effect of accelerating the proceedings. This also has the effect of accelerating the proceedings for court actions that are lodged with the administrative courts (see The decision of the Federal Office and The outcome of the asylum proceedings).

Germany currently considers the following countries to be safe countries of origin:

• the Member States of the European Union,
• Albania,
• Bosnia and Herzegovina,
• Georgia,
• Ghana,
• Kosovo,
• North Macedonia,
• Montenegro,
• Republic of Moldova,
• Senegal, and
• Serbia.