Recommendation 20

The subjective nature of the test for safety of third states is not an adequate safeguard against refoulement. If clause 6 remains in the Bill, it must be amended to provide that the designation of new third states as ‘safe’ must be subject to strict and objective criteria based on reliable information, which includes, at a minimum, that: designated states must have signed and ratified the core UN human rights treaties as well as the Refugee Convention; that individuals must have access to a fair and effective asylum system and to free legal advice and representation; that states must have adequate domestic human rights laws and an effective and accessible justice system (see Annex, Amendment 13).