CHAPTER IIIPROCEDURES AT FIRST INSTANCE

SECTION III

Article 36The concept of safe country of origin

1.

A third country designated as a safe country of origin in accordance with this Directive may, after an individual examination of the application, be considered as a safe country of origin for a particular applicant only if:

(a)

he or she has the nationality of that country; or

(b)

he or she is a stateless person and was formerly habitually resident in that country,

and he or she has not submitted any serious grounds for considering the country not to be a safe country of origin in his or her particular circumstances and in terms of his or her qualification as a beneficiary of international protection in accordance with Directive 2011/95/EU.

2.

Member States shall lay down in national legislation further rules and modalities for the application of the safe country of origin concept.