S.L. 420.7 Art. 22Assessing a third country as safe.

(1) The International Protection Agency may apply the safe third country concept only where it is satisfied that the applicant will be treated in accordance to the principles listed in article 2 of the Act.

In determining an application as inadmissible on the basis that a country is considered as a safe third country for the applicant, in accordance with article 24 of the Act, the International Protection Agency shall:

(a) ensure that there is a connection between the applicant and the third country so that the applicant can reasonably be considered as able to go to that country;

(b) ensure that the safe third country concept can be applied to a particular country or applicant and that a case-by-case consideration of the safety of the country has been carried out;

(c) ensure that the safety of the third country is assessed on an individual basis, taking into account any analysis made by reputable international organizations that may be available from time to time, including the office of the United Nations High Commissioner for Refugees: Provided that the applicant shall be able to appeal against the inadmissibility of the application on the basis of the safe third country if he can show that, should he be returned to such country, he will be subjected to torture, cruel, inhuman or degrading treatment or punishment:

Provided further that the applicant shall also be allowed to challenge the existence of a connection between such applicant and the third country as well as to challenge the application of the safe third country concept on the grounds that the third country is not safe.

(2) In taking the decision referred to in sub-regulation (1), the International Protection Agency shall:

(a) inform the applicant of its decision;

(b) provide it with a document informing the authorities of the third country, in the language of that country, that the application has not been examined in substance.

(3) Where the third country does not permit the applicant to enter its territory, the International Protection Agency shall ensure that the applicant has access to the procedure for the examination of his application in accordance with the Act or these regulations.