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Changes relating to overseas domestic workers
The Immigration Rules are amended to:
Safe third country and first country of asylum concepts
EU law, as set out in the Procedures Directive (2005/85/EC), supports the principles and allows for applications for asylum to be treated as inadmissible where the applicant could safely be returned to a non-EU state that can be considered either a „first country of asylum‟ or a „safe third country‟. A first country of asylum is a country where an individual has refugee status or otherwise benefits from protection. A safe third country is a country to which an asylum seeker can safely and reasonably be returned on the basis of some connection to it, e.g. they have resided there.
The Rules are being clarified so it is clear that where a non-EU third country agrees to take an individual who has an association with that country and the individual will have sufficiency of protection in that third country, the UK will not consider their asylum application. There has been no change to how the Dublin Regulation is implemented but due to the changes required to implement first country of asylum and safe third country concepts Dublin Transfers are part of the new Rule. The revised policy will provide a clear framework of which concept to apply.
The current policy
The current policy allows for but does not clearly set out within the Rules what first country of asylum or safe third country concepts are. The new Rules and associated guidance will provide clear guidance of the concepts.