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Designation of safe third countries
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280. (1) The Minister may by order designate a country as a safe third country in accordance with the Asylum Procedures Regulation.
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(2) The designation of a country by order under subsection (1) may make exceptions for specific parts of the territory of the country or clearly identifiable categories of persons, or both.
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(3) The Minister may make an order under subsection (1) only if he or she is satisfied that in the country concerned—
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(a) the life and liberty of non-nationals are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion,
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(b) non-nationals face no real risk of serious harm,
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(c) non-nationals are protected against refoulement in accordance with the Geneva Convention and against removal in violation of the right to protection from torture and cruel, inhuman or degrading treatment or punishment as laid down in international law, and
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(d) the possibility exists to request and, where conditions are fulfilled, receive effective protection within the meaning of Article 57 of the Asylum Procedures Regulation.
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(4) The Minister shall base his or her assessment under subsection (3) on a range of relevant and available sources of information, including information from—
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(a) other Member States,
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(b) the Asylum Agency,
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(c) the European External Action Service,
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(d) the High Commissioner,
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(e) the Council of Europe, and
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(f) such other international organisations as the Minister considers appropriate.
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(5) The Minister shall, in accordance with subsections (3) and (4) and on a regular basis, review the situation in a country, or part thereof, designated under subsection (1).
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(6) The Minister shall notify the European Commission of the making, amendment or revocation of an order under subsection (1).
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