Third-country asylum processes are in place and operational.
Demand for Germany to process asylum applications in other countries is escalating, with various plans for outsourcing asylum proceedings gaining attention. However, many experts voice doubts about the effectiveness of such approaches.
For quite some time now, there has been an increasing clamor in Germany for asylum proceedings to be handled in different countries. This topic was also discussed at the Bund-Länder Summit with Chancellor Olaf Scholz. Prior to the meeting, the Federal Interior Ministry consulted several experts from within and outside Germany. Concerns about the viability were significant. As for the specific models being considered and preliminary findings:
- Rwanda Model: Britain plans to delegate asylum proceedings to the African nation of Rwanda. Individuals illegally entering the country would be sent there without their origin or asylum application being verified initially. The asylum process then occurs in Rwanda, which is considered a safe third country under its own legislation. Even if recognized as needing protection, the affected individuals are barred from returning to Great Britain.
According to the British National Audit Office, it will cost over 500 million pounds (592 million Euros) to transfer the first 300 asylum seekers to Rwanda. The first deportation flights have been scheduled for later this month. However, doubts about whether this will happen are high due to the upcoming parliamentary election on July 4, along with the Left-wing Labour Party's announced plan to block the plan, and numerous lawsuits filed against the planned deportations in the past.
- Albania Model: Italy, as the first EU country, plans to conduct asylum proceedings in another country. In the Mediterranean, refugees are to be transported to Albania. Unlike the Rwanda Model, Italy would organize the asylum proceedings on site according to Italian and EU law with its own officials. Those recognized as needing protection would be brought to Italy.
Rejected asylum seekers would be deported from Albania. An agreement with Albania was reached in November for the acceptance of up to 3,000 migrants simultaneously. The costs, which also include the construction of two reception centers, are estimated to be at least 650 million Euros over five years.
- Hinweg Model: Refugee reception centers are being established on transit routes, for instance in African countries, where a preliminary examination of the asylum application would take place. The advantage: Asylum seekers wouldn't have to make the dangerous journey to Germany to file an asylum application.
Many experts have expressed "skeptical to critical views" on the legal and factual feasibility of such models for Germany, according to a "status report" for the Bund-Länder Conference. Some experts have flat-out rejected these models.
The majority of experts held it uncertain that such models would actually have a deterrent effect on migrants, as claimed by the proponents. A total of 28 lawyers, scientists, government representatives, aid organizations, and international organizations were interviewed between February and May.
The status report concludes that international and EU law do not fundamentally exclude asylum proceedings in third countries; however, the Rwanda and Albania models are not applicable to Germany under the current legal and practical circumstances.
Germany is subject to different national and EU legal frameworks than Britain, which has left the European Union. Unlike Italy, Germany is not a Mediterranean coastal country. Thus, asylum seekers have already reached national territory and are therefore subject to "full national and EU jurisdiction".
Regarding the turn-back model, the report states that German law still needs to be clarified as to whether rejecting asylum applications in a third country nullifies later applications in Germany. Such reception centers or migration centers in third countries could also lead to significant problems and attract numerous migrants. The affected countries could be "swamped by a high number of applicants."
Migration expert Gerald Knaus advocates for the model of secure third countries in an interview with ntv.de. "Secure third countries are the key to humanely managing life-threatening external borders," he said. "Secure third countries can save thousands of lives by significantly reducing irregular migration."
From Germany, Knaus calls for an agreement with a group of interested EU states by 2028 to be concluded and implemented at least four third-party agreements. He also cautions against unrealistic expectations: It is not about bringing hundreds of thousands of migrants to secure third countries. Instead, the point of such agreements is to curb irregular migration into the EU. Refugees should still be accepted by Germany - but only through official admission programs, not through crossings over the Mediterranean Sea.
Knaus, who is the head of the European Stability Initiative think tank, mentions Rwanda as an example of a secure third country in a statement to ntv.de. However, he does not reference the agreement that Britain has concluded with the African country. Instead, he refers to a cooperation between the UN Refugee Agency UNHCR and the Rwandan government: Since 2019, the UNHCR has transported asylum seekers from Libya to Rwanda. The asylum procedures in Rwanda are handled by the UNHCR.
The political pressure to outsource asylum proceedings to third countries is intensifying. The Union now plans to submit a proposal to the Bundestag. The Federal Ministry of the Interior also stresses that this is a preliminary report. The next step would be action recommendations. The Bund-Länder Roundtable could set a deadline for this.
