Document ID: chunk:federal_register_of_legislation:C2024C00800:section:36:p3
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 36 (pt 3/3)
Character Range: 153244–154268

will return the non‑citizen to another country; and
 (b) the non‑citizen will be persecuted in that other country for reasons of race, religion, nationality, membership of a particular social group or political opinion.
 (5A) Also, subsection (3) does not apply in relation to a country if:
 (a) the non‑citizen has a well‑founded fear that the country will return the non‑citizen to another country; and
 (b) the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non‑citizen availing himself or herself of a right mentioned in subsection (3), there would be a real risk that the non‑citizen will suffer significant harm in relation to the other country.

Determining nationality
 (6) For the purposes of subsection (3), the question of whether a non‑citizen is a national of a particular country must be determined solely by reference to the law of that country.
 (7) Subsection (6) does not, by implication, affect the interpretation of any other provision of this Act.