Safe third country

Malta

Country Report: Safe third country Last updated: 30/11/20

Author

JRS Malta Visit Website

A safe third country means a country of which the applicant is not a national or citizen and where:

  1. Life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion;
  2. The principle of non-refoulement in accordance with the Convention is respected;
  3. 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;
  4. The possibility exists to request refugee status and, if found to be a refugee, to receive protection in accordance with the Convention;
  5. The applicant had resided in the safe country of origin for a meaningful period of time prior to his entry into Malta.

Under the Refugees Act, the concept of a safe third country can be used to determine if an application should be considered under the accelerated procedure as manifestly unfounded or considered inadmissible.[1]

According to RefCom, depending on the particular circumstances of the case, it could be determined that the concept of safe third country could apply.[2] However, no specific information was provided as regards the actual interpretation and application of the safe third country concept by RefCom.

 


[1] Articles 8(1)(g), 23 and 24(1)(c) Refugees Act.

[2] Information provided by the Refugee Commission, 12 January 2018.

 

Table of contents

  • Statistics
  • Overview of the legal framework
  • Overview of the main changes since the previous report update
  • Asylum Procedure
  • Reception Conditions
  • Detention of Asylum Seekers
  • Content of International Protection
  • ANNEX I – Transposition of the CEAS in national legislation