95. The Immigration Act 1999 is amended—

(a) in section 3(1), by the substitution of “section 3A” for “section 5 (prohibition of refoulement) of the Refugee Act 1996,”, and

(b) by the insertion of the following sections after section 3:

“Prohibition of refoulement

3A. A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory where, in the opinion of the Minister—

(a) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or

(b) there is a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

Provision in relation to certain deportation orders

3B. (1) This section applies to a deportation order made in respect of a person—

(a) in the period commencing on 31 December 2016 and ending immediately before the date on which this subsection comes into operation, and

(b) where, in determining whether to make the deportation order, the Minister considered (including having regard to any representations made in that regard by the person in accordance with section 3) whether the deportation of the person from the State would involve the person being returned to the frontier of a territory where—

(i) the life or freedom of the person would be threatened for reasons of race, religion, nationality, membership of a particular social group or political opinion, or

(ii) there was a serious risk that the person would be subjected to the death penalty, torture or other inhuman or degrading treatment or punishment.

(2) Subject to subsection (3), the validity of a deportation order to which this section applies, or a notification under section 3(3)(b)(ii) in relation to such a deportation order, shall not be affected by reason only of that deportation order or notification—

(a) including a statement referring to the Minister’s power under section 3 to make a deportation order as being subject to a specified enactment,

(b) not including a statement referred to in paragraph (a),

(c) including a statement that the consideration of the matters referred to in subparagraph (i) or (ii) of subsection (1)(b) was done in compliance with a specified enactment, or

(d) referring to the consideration of the matters referred to in subparagraph (i) or (ii) of subsection (1)(b) without specifying the legal basis for such consideration.

(3) Subsection (2) shall not apply in respect of a deportation order—

(a) that has been quashed or declared invalid by a court on a ground referred to in paragraph (a), (b), (c) or (d) of that subsection, or

(b) the validity of which has been questioned on a ground referred to in paragraph (a), (b), (c) or (d) of that subsection, in proceedings initiated before the date on which this subsection comes into operation.

(4) In this section, ‘enactment’ has the same meaning as it has in the Interpretation Act 2005.”.