The presumption of safety. The designation of ‘safe countries of origin’ and its role in UK asylum proceedings

Abstract

This thesis examines the legal and procedural implications of the ‘Safe Country of Origin’ (SCO) concept in UK asylum law, focusing on the designation of Albania. It investigates to what extent the presumption of safety undermines the right to an effective asylum procedure as protected under human rights and refugee law. Through desk-based research and thematic coding of Upper Tribunal decisions involving Albanian nationals, the study interrogates how the SCO label shapes credibility assessments, procedural safeguards, and access to a fair hearing. The research is grounded in a normative legal framework drawing from authoritative interpretative material on The Refugee Convention such as The Office of the United Nations High Commissioner for Refugees and Council of Europe documents. It further engages with recent reforms under the Nationality and Borders Act 2022 and Illegal Migration Act 2023, exploring their impact on legal standards, evidentiary thresholds, and the non-suspensive appeals process. Albania offers a politically significant case study: its designation as a ‘safe’ country has been central to government efforts to accelerate removals and deter irregular migration. This move has drawn sharp criticism from legal experts and human rights organisations, particularly in light of concerns over trafficking, corruption, and weak protection systems for vulnerable groups. The upcoming publication of The Independent Chief Inspector of Borders and Immigration into the UK’s handling of Albanian asylum claims further underscores the urgent relevance of this research.