An asylum application may be declared inadmissible if the situation occurs that a third country is considered as a safe third country for the applicant. For this rejection ground to be applicable the asylum seeker must have a connection with the "safe third country", meaning that the safe third country is a reasonable option for the asylum seeker. If the asylum seeker has a spouse or partner with the nationality of the safe third country or if the asylum seeker has lived there before, the above-mentioned connection is easily established.

As far as the requirement for effective admission to the safe third country is concerned, there must be 'reasons to believe that the applicant will actually be admitted to the safe third country'. If this is assumed by the INS, it is up to the asylum seeker to prove that the third country will not admit him or her. Prove could be, for example, a statement from the embassy of the third country that the asylum seeker will not be admitted.