Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024

Amendment of section 50A of Act of 2015

9. Section 50A of the Act of 2015 is amended by the substitution of the following subsection for subsection (1):

“(1) A person shall not be expelled or returned in any manner whatsoever to the frontier of a territory—

(a) where, in the opinion of the Minister—

(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 is a risk that the person would be subjected to the death penalty, torture or other 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,

or

(b) where the Minister is of the opinion that such expulsion or return would be prohibited under any enactment or rule of law as a breach of the person’s fundamental rights.”.