The draft bill is not yet publicly available. This is what is known so far:
Classification of safe countries of origin without the consent of the Bundesrat
According to the new law, the federal government will in future be able toclassifycountriesas safe countries of originby statutory order - i.e. without the approval of the Bundestag and Bundesrat.
The basis for the government proposal is a formulation aid from the Federal Ministry of the Interior under the leadership of Interior Minister Alexander Dobrindt (CSU). The aim of the regulation is to simplify administrative processes and speed up asylum procedures.
The countries that could be considered safe countries of origin in the future include Algeria, India, Morocco and Tunisia - countries whose classification had failed in the past, particularly due to resistance from the green-governed federal states in the Bundesrat.
What does this mean for asylum seekers from these countries?
The legal basis for the classification of safe countries of origin is Section 29a of the Asylum Act (AsylG). According to this provision, asylum applications from persons from countries classified as safe are generally considered unfounded - unless the person concerned can credibly demonstrate that they are being persecuted individually.
For asylum seekers who already come from countries classified as safe or will do so in the future, the planned new regulation is likely to mean that
- Accelerated procedures: Asylum applications would be processed faster and in shortened procedures in future.
- Less chance of success: Since it is generally assumed that there is no political persecution in safe countries, the requirements for a successful application increase.
- Less legal protection: The possibilities of taking legal action against rejected asylum applications would be restricted.
- Faster deportations: Rejected asylum seekers could be returned much more quickly.
How have countries been classified as safe so far?
§ Section 29a of the Asylum Act (AsylG) obliges the Federal Government to regularly - at least every two years - review whether the situation in the countries listed as safe still meets the criteria for safe countries of origin. It must report on this to the Bundestag.
If the situation in one of these countries changes, for example due to political unrest or a deterioration in the human rights situation, the Federal Government can remove the country from the list of safe countries of origin by statutory order. The approval of the Bundestag and Bundesrat is not required for this step.
The important thing is: Under current law, the federal government can remove countries from the list of safe countries of origin - but it cannot add new countries to the list on its own. To date, this has required the approval of both the Bundestag and the Bundesrat. It is precisely this regulation that the federal government now wants to change with the new law.
Compulsory lawyer for detention pending deportation to be dropped
In addition to the regulation on countries of origin,the draft bill contains a further innovation: the previously mandatory appointment of a legal representative in cases of detention pending deportation and custody to secure departure is to be abolished. According to the federal government, this will reduce the burden on the judiciary and administration.
In addition, immigration authorities andGerman embassies and consulates should communicate more clearly to applicants in future that asylum applications from safe countries of origin generally have little chance of success.
Which countries of origin are considered safe?
The current list of safe countries of origin can be viewed on the website of the Federal Office for Migration and Refugees (BAMF). The countries currently listed as safe include:
- all EU member states
- Albania
- Bosnia and Herzegovina
- Ghana
- Georgia
- Kosovo
- Moldova
- Montenegro
- North Macedonia
- Senegal
- Serbia
There is no standardized list of countries of origin that are not safe. However, according to asylum statistics and international assessments, there is a high risk of political persecution or violence in the following countries. Asylum seekers from these countries often have a good chance of having their asylum recognized in Germany:
EU proposes common list of safe countries of origin
In parallel to the new law in Germany , the EU Commission is also pushing ahead with its asylum policy. Even before the new EU migration and asylum pact officially comes into force in June 2026, it wants to implement key elements in advance. These include the introduction of a common European list of safe countries of origin.
There are currently seven countries on this EU-wide list: Kosovo, Bangladesh, Colombia, Egypt, India, Morocco and Tunisia. In future, asylum applications from people from these countries are to be processed in an accelerated procedure - with a planned processing time of a maximum of three months. The reason for this is the assumption that asylum is rarely considered in these cases.
Despite accelerated procedures , the individual examination of each application remains mandatory, regardless of origin. The new EU list will apply to all member states, but will not replace the existing national lists, but rather supplement them.
Exactly which criteria lead to the classification is currently still the subject of proceedings before the European Court of Justice. A corresponding ruling is expected in the coming months.
