International Protection Act 2015

F33[Designation of safe third countries

72A

72A.     (1) The Minister may by order designate a country as a safe third country.

(2) The Minister may make an order under subsection (1) only if he or she is satisfied that a person seeking to be recognised in the country concerned as a refugee will be treated in accordance with the following principles in that country

(a) life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion,

F34[(aa) there is no risk that a person would be subjected to the death penalty, torture or inhuman or degrading treatment or punishment, or a serious and individual threat to his or her life or person by reason of indiscriminate violence in situations of international or internal armed conflict,]

(b) the principle of non-refoulement in accordance with the Geneva Convention is respected,

(c) the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment, as required by international law, is respected, and

(d) the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention.

(3) The Minister shall base his or her assessment referred to in subsection (2) on a range of sources of information, including in particular information from

(a) other Member States of the European Union,

(b) the European Asylum Support Office,

(c) the High Commissioner,

(d) the Council of Europe, and

(e) such other international organisations as the Minister considers appropriate.

(4) The Minister shall, in accordance with subsections (2) and (3) and on a regular basis, review the situation in a country designated under subsection (1).

(5) The Minister shall notify the European Commission of the making, amendment or revocation of an order under subsection (1).

(6) In this section

"country" means a country other than an EU Member State;

"refugee status" means the recognition by the country concerned of a third country national or stateless person as a refugee.]

Annotations

Amendments:

F33

Inserted (31.12.2020 at 11.00 p.m.) by Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (23/2020), s. 122, S.I. No. 693 of 2020, subject to transitional provision in s. 116.

F34

Inserted (23.07.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 13, commenced on enactment.

Editorial Notes:

E38

The section heading is taken from the amending section in the absence of one included in the amendment.

E39

Previous affecting provision: power pursuant to subs. (1) exercised (31.12.2020 at 11.00 p.m.) by International Protection Act 2015 (Safe Third Country) Order 2020 (S.I. No. 725 of 2020), in effect as per art. 1(2); revoked (23.07.2024) by Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), s. 6, commenced on enactment.