7. Safe-third country

Question 1

What are the conditions for a safe-third country?

Answer 1

• life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;
• there is no risk of serious harm as defined in Directive 2011/95/EU;
• the principle of non-refoulement in accordance with the Geneva Convention is respected;
• the prohibition of removal, in violation of the right to freedom from torture and cruel, inhuman or degrading treatment as laid down in international law, is respected;
• the possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Geneva Convention.

Question 2

What is a safe-third country?

Answer 2

• A country that is not the country of origin of an asylum seeker or refugee
• A country where s/he is not in danger of being persecuted on the grounds of article 1A of the Geneva Convention
• And which can provide protection to the applicant.