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Obviously, I'm not going to post the whole caboodle, just the relevant bit, to totally refute the urban myths.
Let's concentrate our minds on the first paragraph, and the conditions that need to be met, for that paragraph to be applicable.
A country of "first country of asylum" applies if (and only if)
a) the refugee has been recognised in that country as a refugee, and that country continues to protect that refugee, or
b) if the refugee enjoys sufficient protection, and has registered in that country, and would be readmitted to that country.
I think that is absolutely clear and unambiguous.
If a refugee has not been recognised (or registered) in the first (safe) country that they land, or they would not be allowed re-admittance. The "first country of asylum" does not apply, and cannot be applied.
The UN Charter makes no requirement on refugees to register in the "first country of asylum".
So we can absolutely dismiss the urban mythology about refugees having to register in the first country that they reach!
The article is a permissive article, not a legislative article, that allows a member country to return an asylum seeker to the first country (it means that a country can choose to follow it, but is not obliged to)
Let's concentrate our minds on the first paragraph, and the conditions that need to be met, for that paragraph to be applicable.
A country of "first country of asylum" applies if (and only if)
a) the refugee has been recognised in that country as a refugee, and that country continues to protect that refugee, or
b) if the refugee enjoys sufficient protection, and has registered in that country, and would be readmitted to that country.
I think that is absolutely clear and unambiguous.
If a refugee has not been recognised (or registered) in the first (safe) country that they land, or they would not be allowed re-admittance. The "first country of asylum" does not apply, and cannot be applied.
The UN Charter makes no requirement on refugees to register in the "first country of asylum".
So we can absolutely dismiss the urban mythology about refugees having to register in the first country that they reach!
The article is a permissive article, not a legislative article, that allows a member country to return an asylum seeker to the first country (it means that a country can choose to follow it, but is not obliged to)
Introduction: International Standards The concept of first country of asylum is defined in Article 26 of the APD: A country can be considered to be a first country of asylum for a particular applicant for asylum if:
The other surveyed Member States, i.e. Bulgaria, the Czech Republic, Finland, Germany, Greece, Italy, the Netherlands, Slovenia, Spain and the UK have transposed or reflect the concept of the first country of asylum in their respective national laws.
Belgium, Bulgaria, the Czech Republic, Greece and Slovenia do not apply in practice the concept of first country of asylum. All other Member States of focus in this research applied it rarely.
https://www.refworld.org/cgi-bin/texis/vtx/rwmain/opendocpdf.pdf?reldoc=y&docid=4bab55da2(a) s/he has been recognised in that country as a refugee and s/he can still avail him/herself of that protection; or
(b) s/he otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement; provided that s/he will be re-admitted to that country. In applying the concept of first country of asylum to the particular circumstances of an applicant for asylum Member States may take into account Article 27 (1).
Application in law and practice Belgium and France have not transposed Article 26 in national legislation.(b) s/he otherwise enjoys sufficient protection in that country, including benefiting from the principle of non-refoulement; provided that s/he will be re-admitted to that country. In applying the concept of first country of asylum to the particular circumstances of an applicant for asylum Member States may take into account Article 27 (1).
The other surveyed Member States, i.e. Bulgaria, the Czech Republic, Finland, Germany, Greece, Italy, the Netherlands, Slovenia, Spain and the UK have transposed or reflect the concept of the first country of asylum in their respective national laws.
Belgium, Bulgaria, the Czech Republic, Greece and Slovenia do not apply in practice the concept of first country of asylum. All other Member States of focus in this research applied it rarely.