What does the pledge mean?

An asylum seeker whose case is rejected can be returned to their country of origin, provided their claim is “clearly unfounded” and they would not “face a real risk of serious irreversible harm if removed to the country or territory to which the person is proposed to be removed”. This is in line with the principle of non-refoulement, as set out in international human rights law.

A couple of different lists of “safe countries” in relation to immigration claims are set out in UK law.

One such list is in section 80AA of the Nationality, Immigration and Asylum Act 2002. It currently includes EU and EEA countries, Switzerland, Albania, India and Georgia.

The countries on this list are ones where there is considered to be no serious risk of persecution of nationals of these countries, and where removal of nationals of these countries to these countries will not contravene the UK’s human rights obligations. Asylum applications made by citizens of these countries therefore may not be considered in the UK, and people from these countries who apply for asylum in the UK can be returned to them, unless in exceptional circumstances.

However, when we asked the Home Office about the list of safe countries specifically for the return of “failed asylum seekers” (a broader group than those whose applications are simply not considered), it referred us to a separate list of safe countries.

The Home Office said this list is set out in section 94(4) of the Act, which currently names 26 “designated” countries. It told us this is commonly referred to as the ‘safe countries list’.

The government says a country is included on this list “if there is in general in that state or part of it no serious risk of persecution of persons entitled to reside in that state or part of it”.

It adds: “Where a person is entitled to reside in a designated state or part of it removal there will not in general contravene the UK’s obligations under the European Convention on Human Rights (ECHR).”

Of these countries, eight are considered safe countries for men only. It’s also worth noting that while Jamaica is included as a safe country in the Act, it does not feature on the list as published by the Home Office, as in 2015 the UK Supreme Court ruled that including the country was unlawful.

It is worth noting that the government has said that it has returned failed asylum seekers to Vietnam, which does not appear on this list. We’ve asked the Home Office whether that means countries on this list are not the only ones to which failed asylum seekers can be returned.

What progress has been made?

According to the textual amendments noted at the bottom of the list, there have been no new countries added since Labour entered government in July 2024. Doing so would require legislation to be amended, and we’ve not seen any such proposals yet put forward by the government.