Abstract

In Common European Asylum System, the exception of the third country functions in two ways. First, Member States may apply the exception and expel to applicant to non-Member State. Then, the merits of the application for asylum are not considered within the European Union. European asylum law provides five variants of third country exception. The safe third country embraces two elements: criteria for establishing responsibility to process a claim for protection, and rules to secure readmission of asylum seeker. The Dublin Regulation, its predecessor the Dublin Convention and related agreements regulate allocation of applicants within the European Economic Area (EEA). International law allows for expulsion of protection seekers to a third country, if certain conditions are met. Most importantly, all prohibitions of refoulement prohibit expulsion to a third country resulting in subsequent expulsion to the country where the protection seeker runs a risk of being persecuted.Keywords: asylum seeker; common european asylum system; dublin convention; european economic area (EEA); third country concept

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