European governments’ growing reliance on outsourcing migration control to third countries poses “serious risks” to human rights, according to a warning issued by the Council of Europe.
In a new report, the Council found that sending asylum seekers and migrants to countries where they face torture, arbitrary detention, or even death exposes men, women, and children to “significant risks of severe trauma and prolonged suffering.”
The 46-member body, which includes all European Union member states as well as other countries such as the United Kingdom and Turkey, urged governments to reconsider agreements transferring asylum responsibilities to external partners.
Rising use of externalization
Externalization, the practice of shifting migration management to countries outside the EU, has accelerated in recent years. Governments argued that it helps deter irregular migration and relieves pressure on national asylum systems.
Since January 2025, the United States administration under President Donald Trump has signed deals allowing deportations of migrants to countries including South Sudan, Eswatini, El Salvador, and Rwanda.
Many of those sent under such agreements had no prior ties to these states.
In Europe, the United Kingdom under former Prime Minister Boris Johnson pursued a controversial arrangement with Rwanda to transfer asylum seekers. That policy faced legal challenges and was abandoned after the Labour government of Keir Starmer took office in July 2024.
Instead, London and Paris recently struck a bilateral deal: migrants intercepted crossing the English Channel whose asylum claims are deemed inadmissible may be returned to France.
Meanwhile, Paris can send an equivalent number of asylum seekers to the UK.
New proposals in UK, Italy
The Starmer government is also considering the creation of “return hubs” abroad. Under this plan, rejected asylum seekers would be housed in facilities outside the UK before eventual removal to their countries of origin.
Italy has already moved forward with such an approach. In 2023 it partnered with Albania to establish centres in Gjader and Shengjin.
Managed by Italian authorities, the centres process asylum claims of migrants rescued in the central Mediterranean.
Other European nations have expressed interest in similar models.
Human rights concerns
The Council of Europe cautioned that outsourcing migration policy risks breaching international obligations.
Beyond torture and ill-treatment, migrants sent to third countries could face arbitrary detention, collective expulsion, or denial of legal assistance.
Governments, it said, must weigh potential harm to vulnerable groups against political pressure to curb migration. “States should uphold their commitments to human rights and democratic principles,” the Council reiterated in its appeal.
EU law, policy
European asylum law recognizes the right to seek protection within the Union. Sending migrants to third countries requires guarantees that individuals will not face persecution or refoulement, the forced return to places where they may be harmed.
The European Court of Human Rights, under the Council’s jurisdiction, has ruled in past cases that transfers without adequate safeguards can breach the European Convention on Human Rights.
Consequences for travelers, migrants
The Council of Europe’s warning matters for more than asylum seekers. It also affects people visiting or living in Europe.
When the European Travel Information and Authorization System (ETIAS) starts, travelers from countries that do not need a visa will have to apply for entry approval before their trip. This extra step could make border checks tighter as governments link tourism and migration control.
For people hoping to stay longer, the spread of third-country transfer policies could create uncertainty. If countries send asylum seekers to other states, those waiting on decisions may worry about how safe their status is.
Schengen visa rules ban forced return to unsafe places, but the Council’s statement shows that new deals could blur these protections.
Families with relatives abroad may also feel the impact. Shifts in how asylum and migration cases are handled can slow down family reunions or delay visas.
By warning governments about these risks, the Council pointed out that changes in asylum policy can ripple into the travel and migration system as a whole.
Upholding rights in migration policies
The Council of Europe’s warning on third-country deportation shows the need for governments to balance border control with human rights.
Sending asylum seekers to other countries may seem like a quick solution, but it raises serious concerns about safety, fairness, and legal duties. This matters because these choices affect not only migrants but also Europe’s role in defending basic rights.
As EU states consider more deals with outside countries, the key question is clear: can they manage migration without putting lives at risk?