International Protection Act 2026
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Prohibition of refoulement | ||
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225. (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 real risk that the person would be subject 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 the expulsion or return of the person would be prohibited under any enactment or rule of law as being in breach of the person’s fundamental rights. | ||
(2) Without prejudice to subsection (1), a return decision shall not be made under section 216 , 218 or 219 where the Minister is of the opinion referred to in subsection (1). | ||
(3) For the purposes of subsection (1), the Minister shall have regard to— | ||
(a) the information, if any, submitted by the person under subsection (4), and | ||
(b) any relevant information presented by the person including any statement made by the person at any interview conducted for the purposes of this Act. | ||
(4) Where a person becomes aware of a change of circumstances that would be relevant to the opinion referred to in subsection (1), the person shall inform the Minister as soon as practicable of the change. |