Rapid classification of safe countries of origin without the Bundesrat
According to exclusive information provided to the Tagesspiegel the Federal Cabinet will decide on a new draft law on Wednesday (04.06.2025). This law should make it possible to classify certain countries as safe countries of origin more quickly - withoutthe Bundesrat having to give its consent.
The aim is to speed up asylum procedures and facilitate deportations .
What does the change in the law mean in concrete terms?
Until now, countries of origin that are considered safe according to the Asylum Act (§29a AsylG) have to be confirmed by the Bundestag and Bundesrat. In the past, there have often been disputes about this, especially in federal states governed by the Greens. This has repeatedly blocked changes.
The German government wants to circumvent this hurdle with the new law. Instead of using the German Basic Law (which requires approval by the Bundestag and Bundesrat) as before, only European asylum law (EU law) will now apply.
In this way, the government no longer needs the approval of the Federal Council when classifying countries of origin. It can then decide more quickly which countries are considered "safe" or "not safe".
The CDU/CSU and SPD had already announced in the coalition agreement that Algeria, Morocco, Tunisia and India would be classified as safe countries of origin as a first step. Other countries with a very low recognition rate in the asylum procedure could follow.
Background: What are safe countries of origin?
According to the German Asylum Act, a country of origin is considered safe if there is no threat of political persecution and respect for human rights is guaranteed.
Anyone who comes from a country classified as safe has a much lower chance of being granted asylum. The asylum application is then examined more quickly - usually in a simplified and shorter procedure.
Important: Even if a country is considered safe, asylum seekers can still be granted protection in individual cases ifthey can credibly prove that they are individually persecuted in their home country and/or belong to a persecuted minority.
Current list of safe countries of origin
According to the Federal Office for Migration and Refugees (BAMF), the following countries are currently classified as safe countries of origin:
- all EU member states
- Albania
- Bosnia and Herzegovina
- Ghana
- Georgia
- Kosovo
- Moldova
- Montenegro
- North Macedonia
- Senegal
- Serbia
Which countries could soon be considered safe?
These countries are currently being considered as potential candidates for the list of safe countries of origin -primarily due to their consistently low asylum recognition rate:
- Algeria
- India
- Morocco
- Tunisia
- Armenia
- Egypt
- Nigeria
- Mongolia
Countries that are still not considered safe
According to asylum statistics and international assessments, there is still a high risk of political persecution or violence in these countries. People seeking protection from these countries often have a good chance of having their asylum recognized in Germany:
- Afghanistan
- Syria
- Iran
- Iraq
- Somalia
- Eritrea
- Yemen
- Suda
- Democratic Republic of the Congo
When will the new law come into force?
It may still be a while before the law comes into force.
On Wednesday, the Federal Cabinet will only decide on the draft bill. If the cabinet approves it, it will next be discussed in the Bundestag, the committees and the Bundesrat.
It is then put to the vote. If the law receives a majority of votes, it enters into force
Conclusion: What does the tightening mean for migrants?
The law could have significant consequences for people from countries that will be considered "safe countries of origin" in the future:
- Less chance of protection: Their asylum applications are generally considered unfounded. It is assumed that their home country is safe - even if this is not necessarily the case in individual cases.
- Faster asylum procedures: Applications are examined in a significantly shortened procedure. Those affected must prove themselvesthat they are being persecuted in individual cases.
- Fewer legal options: The possibility of defending oneself against a rejection of asylum (e.g. by lodging an objection or a complaint) is restricted. The time limit for lodging a complaint has been shortened to one week.
- Higher risk of deportation: Those who do not receive protection status can theoretically be deported more quickly, even if there are still legal disputes.
