EU adopts 'Hungarian approach' to asylum, experts warn of stranded migrants

The European Union has adopted a new migration pact, enabling member states to reject asylum applications from individuals who could find protection in a "safe third country." This policy, effective this week, mirrors an approach previously taken by Hungary, which faced significant criticism and fines from the EU for similar measures in 2015.

Under the new rules, asylum seekers who have transited through another country en route to Europe may be denied the right to apply for asylum within the EU. The Dutch Immigration and Naturalisation Service (IND) intends to implement this measure, provided the third country is deemed safe and has a proper asylum procedure. However, migration experts express skepticism, pointing out the lack of existing return agreements with other nations. They warn that this could leave asylum seekers stranded between countries unwilling to accept them.

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You can be sent back to a country where you have no personal connection whatsoever.

Previously, sending asylum seekers back to another country was only permissible if they had demonstrable ties to that nation. The expanded principle now allows for returns to almost any country with which the Netherlands has return agreements or through which the asylum seeker traveled. This significantly broadens the scope, potentially sending individuals to countries with which they have no personal connection, a move intended as a deterrent.

To determine transit routes, immigration services will question asylum seekers about their journeys. The IND is also working on legislation to permit the search of asylum seekers' phones and laptops to gather this information. Experts like Viola Bex-Reimert, an associate professor of migration law, suggest the policy functions primarily as a deterrent, aiming to dissuade migrants by the prospect of being sent to unexpected destinations like Uganda.

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You want to go to Europe, but you end up in Uganda. That should deter migrants.