Safe third country

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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.