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Amendment of section 21 of Act of 2015
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119. Section 21 of the Act of 2015 is amended—
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(a) in subsection (1), by the substitution of “Subject to subsection (1A), a person” for “A person”,
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(b) by the insertion of the following subsection after subsection (1):
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“(1A) Subsection (1) shall not apply to a person who is deemed under section 50A(4) or 51C(5), as the case may be, to have made an application for international protection in accordance with section 15.”,
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(c) in subsection (2) —
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(i) in paragraph (b), by the substitution of “person;” for “person.”, and
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(ii) by the insertion of the following paragraph after paragraph (b):
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“(c) the person arrived in the State from a safe third country that is, in accordance with subsection (17), a safe country for the person.”,
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and
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(d) by the insertion of the following subsections after subsection (16):
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“(17) For the purposes of this section, a safe third country is a safe country for a person if he or she—
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(a) having regard to the matters referred to in subsection (18), has a sufficient connection with the country concerned on the basis of which it is reasonable for him or her to return there,
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(b) will not be subjected in the country concerned to the death penalty, torture or other inhuman or degrading treatment or punishment, and
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(c) will be re-admitted to the country concerned.
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(18) For the purposes of subsection (17)(a), the matters to which regard shall be had include (but are not limited to) the following:
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(a) the period the person concerned has spent, whether lawfully or unlawfully, in the country concerned;
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(b) any relationship between the person concerned and persons in the country concerned, including nationals and residents of that country and family members seeking to be recognised in that country as refugees;
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(c) the presence in the country concerned of any family members, relatives or other family relations of the person concerned;
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(d) the nature and extent of any cultural connections between the person concerned and the country concerned.”.
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