EU Updates Rules on Safe Third Countries for Asylum Seekers

European Parliament Resolution – 10 February 2026

The Parliament has adopted a new regulation that changes how the EU applies the “safe third country” rule when deciding if someone can seek asylum in the Union. The main points are:

1. Broader Use of the Rule

• Member states can now refuse asylum if the applicant has a reasonable connection to a third country, even if that connection is only through family, language, culture, or a previous stay.
• The rule can also be used if the applicant traversed that third country on the way to the EU, or if the applicant could have asked for protection there.
• Agreements or arrangements between the EU (or a member state) and a third country that require the third country to examine protection requests can also trigger the rule.

2. Special Rules for Children

• The rule can only be applied to unaccompanied minors if a connection or transit can be proven and if the child’s best interests and family unity are respected.

3. Transparency and Cooperation

• Member states must inform the EU Commission and other member states about any agreements or arrangements with third countries before they are applied.
• Neighboring states must be notified of negotiations that could affect them.
• The EU will keep a public list of all such agreements to ensure consistency across the Union.

4. Procedural Changes

• Applicants whose asylum claim is rejected under the safe‑third‑country rule will receive a document telling the third country that the EU did not examine their case.
• Applicants do not automatically get to stay in the EU to appeal the decision, but the return order is paused while they seek legal remedy.
• The regulation will take effect the day after it is published in the Official Journal.

5. Legal Framework

• The regulation amends Regulation (EU) 2024/1348 and will be binding in all member states.
• Ireland will participate; Denmark will not.
• The changes respect EU fundamental rights and the Charter of Fundamental Rights.

The regulation aims to make the safe‑third‑country concept clearer, more flexible, and better coordinated across the EU while protecting the rights of asylum seekers, especially children.