Written answers
Wednesday, 26 June 2024
Department of Justice and Equality
International Protection
Paul Murphy (Dublin South West, RISE)
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118. To ask the Tánaiste and Minister for Justice and Equality to publish her Department’s feedback to the International Protection Office on the potential designation of Algeria as a safe country for the purposes of the International Protection Act 2015. [27478/24]
Helen McEntee (Meath East, Fine Gael)
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Under the International Protection Act 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 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.
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.
There are now ten countries designated as safe countries of origin: Albania, Bosnia and Herzegovina, North Macedonia, Georgia, Montenegro, Kosovo, Serbia, South Africa, Botswana and Algeria. The latter two I added on 31st January 2024.
I can inform the Deputy that in making the assessment to designate a country as safe, it was 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 was 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. My Department also sought submissions from the Department of Foreign Affairs, UNHCR, the Irish Refugee Council and other NGOS in relation to the designation of Algeria as a safe country.
It should also be noted that, under the EU Asylum and Migration Pact, there will be a common EU Safe country list that will remove the need for Member States to individually designate countries as safe. However, it will still be open to Member States to designate additional countries outside the common list.
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.
Following the designation of Algeria and other countries as safe countries of origin in accordance with section 72 of the International Protection Act, the International Protection Office was advised that the Minister continues to accord priority to applications from such countries in accordance with section 73 of the International Protection Act.
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