Mattie McGrath (Tipperary, Independent)
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518. To ask the Tánaiste and Minister for Justice and Equality the rationale for not adding Nigeria and Pakistan to Ireland’s safe countries list, given that both countries appear to meet the Government’s definition of a safe country, that is, a country generally free from persecution, torture, inhuman or degrading treatment, and threats of violence from armed conflict; and if she will make a statement on the matter. [29430/24]

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 fifteen countries designated as safe countries of origin: Albania, Bosnia and Herzegovina, North Macedonia, Georgia, Montenegro, Kosovo, Serbia, South Africa, Botswana, Algeria, Brazil, Egypt, India, Malawi and Morocco. The latter five I added on the 3^rd July 2024.

I have also extended prioritisation and accelerated processing of international protection applications beyond safe countries of origin to applications from the country of origin with the highest number of applications. International protection applicants from the country which has had the highest number coming to Ireland over the previous three months, will go into the accelerated process.

Under this process, they will have their cases decided upon within 90 days. At the moment, the country whose citizens will qualify for this faster processing, is Nigeria. The top country over the past three months will be assessed on a rolling basis every quarter. Applications from Nigeria have almost halved since it was added to the accelerated process on this basis in April.

Additionally, following approval of the Houses of the Oireachtas last month, new legislation will now be drafted to implement the EU Asylum and Migration Pact.

The new Pact builds on existing safe country of origin, safe country of asylum and safe third country concepts, providing further guidance into their application throughout the EU. Specifically, the Pact regulates the concept of effective protection, and will introduce a common safe third countries and safe countries of origin lists at EU level, which will help to streamline and harmonise the application of the safe country concepts across the EU.

The Pact also introduces mandatory border procedures for certain categories of applicants, including applicants who are from a country of origin with a recognition rate of less than 20%. The Pact introduces an accelerated processing procedure for applicants who pose a security risk, who mislead the authorities, or who are coming from countries with a low recognition rate.

I can inform the Deputy that in making the assessment to designate a country as safe, it was considered, 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 seeks submissions from the Department of Foreign Affairs, UNHCR, the Irish Refugee Council and other NGOS in relation to the proposed designation of a country as safe.

I keep the list of safe countries under review having regard to the profile of applications being received.