Pa Daly
Question:469. Deputy Pa Daly asked the Minister for Justice what criteria were used in establishing Algeria as a safe country, including what sources were consulted, and if any external legal advice was utilised. [6500/24]
View answerTuesday, 13 February 2024
Questions (469)
Written answers
Under section 72 of the International Protection Act 2015 the Minister for Justice may make an order designating a country as a safe country of origin. A country may only be designated as a safe country of origin where satisfied that, on the basis of the legal situation, the application of the law within a democratic system and the general political circumstances, it can be shown that there:• is generally and consistently no persecution;• no torture or inhuman or degrading treatment or punishment; and• no threat by reason of indiscriminate violence in situations of international or internal armed conflict.In making the assessment, it must be taken into account, among other things, the extent to which protection is provided against persecution or mistreatment by:
• The relevant laws and regulations of the country and the manner in which they are applied.• The observance of the rights and freedoms laid down in specified European and International Conventions.• Respect for the principle of non-refoulement in accordance with the Geneva Convention.• Provision for a system of effective remedies against violation of those rights and freedoms.The assessment is based on a range of sources of information, including from other EU Member States, the European Union Agency for Asylum (EUAA), the UN High Commissioner for Refugees, the Council of Europe and other international organisations as appropriate.
If an applicant for international protection is from a country designated as a safe country of origin, their application will still receive a full consideration on its merits by the International Protection Office.
A country that has been designated under section 72 as a safe country of origin shall, for the purposes of the assessment of an application for international protection, be considered to be a safe country of origin in relation to a particular applicant only where— (a) the country is the country of origin of the applicant, and (b) the applicant has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances and in terms of his or her eligibility for international protection.Under section 72 of the International Protection Act 2015, and the International Protection Act 2015 (Safe Countries of Origin) Order 2018 (Statutory Instrument no 121 of 2018), the following countries were designated as safe countries of origin with effect from 16 April 2018:
• Albania;• Bosnia and Herzegovina;• Georgia;• Kosovo;• Macedonia (Former Yugoslav Republic of);• Montenegro;• Serbia; and• South Africa.
Following a comprehensive review in accordance with the requirements of section 72, Botswana and Algeria were added to the schedule of designated countries under S.I. No. 32/2024 - International Protection Act 2015 (Safe Countries of Origin) (Amendment) Order 2024 on the 31st of January 2024 as I was satisfied that they met the criteria.
In accordance with the Act I shall keep the situation in the designated countries under review.