Dáil Éireann Debate, Tuesday - 26 July 2022
1578. Deputy Thomas Pringle asked the Minister for Justice the status of the United Kingdom as a safe third country given the recently agreed memorandum of understanding between the United Kingdom and the Republic of Rwanda in respect of asylum seekers; and if she will make a statement on the matter. [40853/22]
View answerFollowing the United Kingdom’s exit from the EU and an examination of the necessary criteria, the International Protection Act 2015 (Safe Third Country) Order 2020, came into effect from 11:00 pm on 31 December 2020.
The Order designates the UK as a safe third country for the purpose of the International Protection Act 2015, and enables a determination by the Minister for Justice that an application for international protection is inadmissible, where the person has arrived in the State from the UK and where the relevant criteria are met. Such inadmissible applicants are returned to the UK under a more simplified returns process that mirrors the EU Dublin process.
Part 18 of the Brexit Omnibus Act 2020, which was commenced at 11:00 pm on 31 December 2020, amends the International Protection Act 2015, to enable the Minister for Justice to designate a country as a Safe Third Country, where certain conditions are met in that country including:
- life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;
- the principle of non-refoulement is respected; and
- the possibility exists to request refugee status and if found to be a refugee to receive protection in accordance with the Geneva Convention.
Before an application can be determined as inadmissible, the third country must be considered safe for the person concerned, including that they will not be subjected to the death penalty, torture, or other inhuman or degrading treatment or punishment and they have a sufficient connection with that country such that it would be reasonable for them to be returned there.
Section 21 (1) of the International Protection Act 2015, provides that before a person can make an application for international protection they must, as part of their (section 13) preliminary interview, satisfy an international protection officer that their application is not inadmissible.
Where an international protection officer makes a recommendation that an application is inadmissible, they prepare a written report, which includes the reasons for the recommendation, and notifies the person concerned and their legal representative (if known) of the recommendation.
A person to whom an inadmissible notification is sent may appeal the recommendation to the International Protection Appeals Tribunal (IPAT). A final determination will issue if the appeal is subsequently unsuccessful, allowing for a Return Order to issue.
Government policy regarding immigration and international protection matters in the State is kept under regular review. However, there are no current plans to amend the designation of the UK as a safe third country.
