PoliticsAnalysis

‘Safe third countries’: the asylum policy of Fine Gael’s European party and Varadkar’s view explained

The European People’s Party has faced claims its asylum-applicant proposal mirrors the UK’s Rwanda policy

Ursula von der Leyen

The European People’s Party manifesto for the European election has a focus on 'illegal migration'. Illustration: Paul Scott

Shauna Bowers's face
Shauna Bowers
Thu Mar 14 2024 - 11:19

Migration has been the focus of much political discussion at national and European levels. The European People’s Party (EPP) manifesto for the June European election has a focus on “illegal migration”.

The proposals, which would see a significant change to the rules around asylum seekers, have received the support of Fine Gael MEPs and Taoiseach Leo Varadkar.

Among the proposals is a policy that would see asylum applicants sent to a “safe third country” to be processed, and would be granted asylum in that country if approved. Mr Varadkar has said he supports “that approach”, with some caveats.

But the policy is a long way from becoming reality in Ireland, which can choose to opt in or out of provisions. Here is an outline of what’s happening.

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What is the EPP and why does it matter?

The EPP is an umbrella group representing conservative and centre-right political parties in Europe, including Fine Gael.

The group is topping the polls ahead of June’s European elections, and it is set to remain the European Parliament’s biggest faction after the vote. Furthermore, its lead candidate, Ursula von der Leyen, is a firm favourite to be re-elected European Commission president.

What does it actually say about migration?

According to its manifesto, published last week, the group advocates a “fundamental change in European asylum law” and that while it is “committed” to the right of asylum, the EU must “have the right to decide to whom and where it is granted”.

“We will conclude agreements with third countries to ensure that asylum seekers can also be granted protection in a civilised and safe way. We want to implement the concept of safe third countries,” it said.

“Anyone applying for asylum in the EU could also be transferred to a safe third country and undergo the asylum process there. In the case of a positive outcome, the safe third country will grant protection to the applicant onsite. A comprehensive contractual agreement will be established with the safe third country.”

Is that not the same as the UK’s proposed Rwanda policy?

The EPP’s manifesto said the safe third countries must be in line with the “core obligations of the Geneva Refugee Convention and the European Convention on Human Rights”.

Taoiseach Leo Varadkar denied it was the European equivalent of the UK policy because the safe countries will be identified under these conventions.

The UK’s Rwanda deportation policy – which has not seen any migrants processed in the small, landlocked African nation yet – was deemed illegal by the country’s supreme court.

What is the current EU policy?

Migration is something the EU has been trying to regularise in recent years.

In December, the union reached a landmark agreement on new rules designed to share the cost and work of hosting migrants more evenly and to limit the numbers of people coming in.

The reform includes faster vetting of irregular arrivals, creating border-detention centres, accelerated deportation for rejected asylum applicants and a solidarity mechanism for southern countries experiencing big numbers of international protection applicants.

The overhaul, based on a commission proposal put forward more than three years ago, keeps the existing principle under which the first EU country that asylum seekers enter is responsible for their case.

The Safe Third Country concept is already provided for under existing EU law and the new Pact on Migration and Asylum which is due to be finalised shortly at the EU level. However, an important condition in EU law is there must be a connection between the applicant and the third country - meaning it is not possible to send international protection applicants to a country to which they have never been and have no connection.

Are there already agreements with third countries?

Italy has made an agreement recently with Albania that people seeking asylum could be processed there. There is also an EU arrangement with Tunisia.

If the EPP’s proposed policy is agreed, does that mean Ireland must abide by it?

Well, that depends.

Ireland currently has no European Union obligation to take in refugees as it has an opt-in or opt-out clause on individual proposals in the areas of freedom, security and justice through the EU Treaty of Lisbon.

When there is an EU legislative proposal in these areas, Ireland has three months to decide whether to opt in or not. If it does not opt in, discussions go ahead, and any adopted legislation does not apply in Ireland.

But the Irish Government has expressed support? What did it say?

Fine Gael MEPs and Taoiseach Leo Varadkar certainly have.

The Taoiseach said there was a “very difficult situation now in Ireland” in relation to international protection applicants as the numbers are increasing, but the State “can’t guarantee people accommodation if they arrive”.

Mr Varadkar said there were “increasing numbers coming over the Border from North to South which is an open border”.

However, he said the Government was neither “dissuading or discouraging genuine refugees from coming to Ireland if they need international protection” nor “encouraging people to come to Ireland and claim asylum”.

He added that poverty, climate change and war were push factors that were leading to the increase in the number of asylum seekers coming to Ireland.

“There are 100 million people on the move around the world and it’s not a surprise that a very small percentage might make their way to Ireland.”

Why are asylum and migration such big topics?

According to data from the European Union Agency for Asylum (EUAA), asylum applications in the EU jumped 18 per cent to 1.14 million in 2023, the highest level since the 2015-2016 migrant crisis.

While the 2023 asylum applications are just under 2016 levels, they come on top of the 4.4 million Ukrainians that have sought refuge from Russia’s invasion of Ukraine in the European Union – and do not need to formally apply.

This has created local tensions within member states as they struggle to accommodate the rising numbers of people seeking help.

And so the EU wants to reduce the number of asylum seekers?

According to Mr Varadkar, there is a need to “make a distinction” between those migrating legally and those not abiding by the law.

“We also need to be more firm [with] people who try to come to Ireland illegally as economic migrants when we have a work permit system that can be used,” he added.

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