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Designation of safe third countries
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122.The Act of 2015 is amended by the insertion of the following section after section 72:
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“72A. (1) The Minister may by order designate a country as a safe third country.
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(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—
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(a) life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion,
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(b) the principle of non-refoulement in accordance with the Geneva Convention is respected,
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(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
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(d) the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention.
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(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—
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(a) other Member States of the European Union,
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(b) the European Asylum Support Office,
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(c) the High Commissioner,
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(d) the Council of Europe, and
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(e) such other international organisations as the Minister considers appropriate.
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(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).
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(5) The Minister shall notify the European Commission of the making, amendment or revocation of an order under subsection (1).
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(6) In this section—
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‘country’ means a country other than an EU Member State;
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‘refugee status’ means the recognition by the country concerned of a third country national or stateless person as a refugee.”.
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