Activities of Heidi HAUTALA related to 2015/0211(COD)
Legal basis opinions (0)
Amendments (1)
Amendment 10 #
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of Directive 2013/32/EU related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the EU common list established by this Regulation. This means, in particular, that the circumstance that a third country is on the EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and does not dispense therefore with the need to conduct an appropriate individual examination of the application for international protection. In addition, it should be recalled that, where an applicant showexpresses that there are serious reasons to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her. Member States should be aware that for some minority groups such as lesbian, gay, bisexual, transgender and intersex persons (LGBTI), claiming to belong to this minority as part of the asylum process can in itself be enough to put these individuals at risk in their country of origin. Therefore, there should be no burden of proof on applicants to demonstrate or give evidence that they belong to a vulnerable or minority group, especially where such burden of proof violates a person's dignity. The right of applicants to an effective remedy in the case of a negative decision should be guaranteed.