The Concept of Safe Third Country in Asylum Legislation, Regulation, and Practice: Political, Humanitarian, and Practical Considerations

This implementation, over 15 years ago, of a version of the “safe third country” or “safe country of transit” principle cannot be simply ascribed to Austrian xenophobia or the idiosyncrasy of some ultra conservative officials --- in fact, the Interior Ministry, which had been responsible for implementing the regulation, was under the control of the Austrian Socialist Party. It was the result of a sea change taking place across Europe, but particularly in Central Europe, concerning refugees. During the Cold War refugees from the communist East were generally welcomed in the West since they were physical evidence of the superiority of the Western capitalist states over the communists. Soviet and East European refugees passing through Austria on their way to Germany or to other western countries were seldom, if ever returned to Austria. Refugees were, in fact, a valuable source of political capital, and countries such as Austria, having very liberal refugee policies, were considered as exhibiting heroic levels of humanitarianism.