Document ID: chunk:federal_register_of_legislation:C2004A04809:body:0:p2
Version: federal_register_of_legislation:C2004A04809
Segment Type: other
Provision Reference: 
Character Range: 2580–5289

to in subparagraph (1)(b)(ii) is made.

Safe third countries

"91D.(1) A country is a 'safe third country' in relation to a non-citizen if:

     (a) the country is prescribed as a safe third country in relation to the non-citizen, or in relation to a class of persons of which the non-citizen is a member; and

  (b) the non-citizen has a prescribed connection with the country.

"(2) Without limiting paragraph (1)(b), the regulations may provide that a person has a prescribed connection with a country if:

     (a) the person is or was present in the country at a particular time or at any time during a particular period; or

     (b) the person has a right to enter and reside in the country (however that right arose or is expressed).

"(3) The Minister must, within 2 sitting days after a regulation under paragraph (1)(a) is laid before a House of the Parliament, cause to be laid before that House a statement, covering the country, or each of the countries, prescribed as a safe third country by the regulation, about:

     (a) the compliance by the country, or each of the countries, with relevant international law concerning the protection of persons seeking asylum; and

     (b) the meeting by the country, or each of the countries, of relevant human rights standards for the persons in relation to whom the country is prescribed as a safe third country; and

     (c) the willingness of the country, or each of the countries, to allow any person in relation to whom the country is prescribed as a safe third country:

        (i) to go to the country; and

        (ii) to remain in the country during the period in which any claim by the person for asylum is determined; and

        (iii) if the person is determined to be a refugee while in the country—to remain in the country until a durable solution relating to the permanent settlement of the person is found.

"(4) A regulation made for the purposes of paragraph (1)(a) ceases to be in force at the end of 2 years after the regulation commences.

SCHEDULE—continued

Non-citizens to which this Subdivision applies unable to make valid applications for certain visas

"91E. Despite any other provision of this Act, if this Subdivision applies to a non-citizen at a particular time and, at that time, the non-citizen applies, or purports to apply, for a protection visa then, subject to section 91F:

     (a) if the non-citizen has not been immigration cleared at that time—neither that application nor any other application made by the non-citizen for a visa is a valid application; or

     (b) if the non-citizen has been immigration cleared at that time—neither that application nor any other application made by the non-citizen