`Host third countries': definition (EC)
01 January 1991
`Host third countries': definition (EC)
actdoc September=1993
RESOLUTION ON A HARMONISED APPROACH TO QUESTIONS
CONCERNING HOST THIRD COUNTRIES
(SN 4823/92 WG 1283 AS 147)
Ministers of the Member States of the European Communities
responsible for immigration, meeting in London on 30 November
to 1 December 1992;
DETERMINED to achieve the objective of harmonizing asylum policies
as it was defined by the Luxembourg European Council in June 1991
and clarified by the Maastricht European Council in December 1991;
TRUE to the principles of the Geneva Convention of 28 July 1951, as
amended by the New York Protocol of 31 January 1967, relating to
the Status of Refugees and in particular Articles 31 and 33
thereof;
CONCERNED especially at the problem of refugees and asylum seekers
unlawfully leaving countries where they have already been granted
protection or have had a genuine opportunity to seek such
protection and CONVINCED that a concerted response should be made
to it, as suggested in Conclusion No. 58 on Protection adopted by
the UNHCR Executive Committee at its 40th session (1989);
CONSIDERING the Dublin Convention of 15 June 1990 determining the
State Responsible for Examining Applications for Asylum Lodged in
one of the Member States of the European Communities and in
particular Article 3(5) thereof, and WISHING to harmonize the
principles under which they will act under this provision;
ANXIOUS to ensure effective protection for asylum seekers and
refugees who require it;
MAKE THE FOLLOWING RESOLUTION
Procedure for application of the concept of host third country
1. The Resolution on manifestly unfounded applications for
asylum, adopted by Ministers meeting in London of 30 November 1
December 1992, refers in paragraph 1(b) to the concept of host
third country. The following principles should form the procedural
basis for applying the concept of host third
country:
(a) The formal identification of a host third country in
principle precedes the substantive examination of the
application for asylum and its justification.
(b) The principle of the host third country is to be applied
to all applicants for asylum, irrespective of whether or
not they may be regarded as refugees.
(c) Thus, if there is a host third country, the application
for refugee status may not be examined and the asylum
applicant may be sent to that country.
(d) If the asylum applicant cannot in practice be sent to a
host third country, the provisions of the Dublin
Convention will apply.
(e) Any Member State retains the right, for humanitarian
reasons, not to remove the asylum applicant to a host
third country.
Cases falling within this concept may be considered under the
accelerated procedures provided for in the aforementioned
Resolution.
Substantive application : requirements and criteria for
establishing whether a country is a host third country
2. Fulfilment of all the following fundamental requirements
determines a host third country and should be assessed by the
Member State in each individual case:
(a) In those third countries, the life or freedom of the asylum
applicant must not be threatened, within the meaning of
Article 33 of the Geneva Convention.
(b) The asylum applicant must not be exposed to torture or inhuman
or degrading treatment in the third country.
(c) It must either be the case that the asylum applicant has
already been granted protection in the third country or has
had an opportunity, at the border or within the territory of
the third country, to make contact with that country's
authorities in order to seek their protection, before
approaching the Member State in which he is applying for
asylum, or that there is clear evidence of his admissibility