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Prohibition of refoulement (application for international protection determined under section 21 to be inadmissible)
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120. The Act of 2015 is amended by the insertion of the following section after section 50:
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“50A. (1) 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—
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(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
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(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.
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(2) In forming his or her opinion of the matters referred to in subsection (1), the Minister shall have regard to—
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(a) the information (if any) submitted by the person under subsection (3), and
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(b) any relevant information presented by the person, including any statement made by him or her at his or her preliminary interview and any information presented for the purpose of an appeal by the person under section 21(6).
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(3) A person shall, where he or she becomes aware of a change of circumstances that would be relevant to the formation of an opinion by the Minister under this section, inform the Minister forthwith of that change.
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(4) A person who, but for the operation of subsection (1), would be the subject of a return order under section 51A, shall, notwithstanding that his or her application for international protection has been determined under section 21(11) to be inadmissible, be deemed to have made, on the date on which the Minister forms the opinion that subsection (1) applies to the person, an application for international protection in accordance with section 15, and subject to this section, the provisions of this Act shall, with any necessary modifications, apply accordingly.
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(5) The Minister shall as soon as practicable after he or she forms the opinion that subsection (1) applies to a person—
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(a) send the person, and his or her legal representative (if known), a notice in writing—
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(i) informing him or her of the effect of subsection (4), and
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(ii) inviting the person to complete, in respect of his or her application referred to in subsection (4), the form prescribed under section 15(5),
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and
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(b) give or cause to be given to the person a statement under section 18(1).
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(6) In this section, ‘person’ means a person whose application for international protection has been determined under section 21(11) to be inadmissible.”.
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