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Procedures Regulation:
Recital 48

Member States should have the possibility to apply the concept of safe third country as a ground for inadmissibility where the possibility exists for the applicant to request and, if the conditions are fulfilled, to receive effective protection in a third country, where his or her life and liberty are not threatened on account of race, religion, nationality, membership of a particular social group or political opinion, where he or she is neither subject to persecution nor faces a real risk of serious harm as defined in Regulation (EU) 2024/1347 Qualification Regulation and where he or she is protected against refoulement and against removal in violation of the right to protection from torture and cruel, inhuman or degrading treatment or punishment as laid down in international law. Nonetheless, the determining authorities of the Member States should retain the right to assess the merits of an application even if the conditions for regarding it as inadmissible are met, in particular when they are compelled to do so pursuant to their national obligations. A Member State should be able to apply the concept of safe third country only where there is a connection between the applicant and the third country on the basis of which it would be reasonable for the applicant to go to that country. The connection between the applicant and the safe third country could be considered established in particular where members of the applicant’s family are present in that country or where the applicant has settled or stayed in that country.


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Categories: Recitals Key words: Family members, Non-Refoulement, Safe Third Country

Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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