Document ID: chunk:federal_register_of_legislation:C2011A00121:clause:1_14
Version: federal_register_of_legislation:C2011A00121
Segment Type: clause
Provision Reference: sch 1 cl 14
Character Range: 9272–11287

14  After subsection 36(2)
Insert:
 (2A) A non‑citizen will suffer significant harm if:
 (a) the non‑citizen will be arbitrarily deprived of his or her life; or
 (b) the death penalty will be carried out on the non‑citizen; or
 (c) the non‑citizen will be subjected to torture; or
 (d) the non‑citizen will be subjected to cruel or inhuman treatment or punishment; or
 (e) the non‑citizen will be subjected to degrading treatment or punishment.
 (2B) However, there is taken not to be a real risk that a non‑citizen will suffer significant harm in a country if the Minister is satisfied that:
 (a) it would be reasonable for the non‑citizen to relocate to an area of the country where there would not be a real risk that the non‑citizen will suffer significant harm; or
 (b) the non‑citizen could obtain, from an authority of the country, protection such that there would not be a real risk that the non‑citizen will suffer significant harm; or
 (c) the real risk is one faced by the population of the country generally and is not faced by the non‑citizen personally.

Ineligibility for grant of a protection visa
 (2C) A non‑citizen is taken not to satisfy the criterion mentioned in paragraph (2)(aa) if:
 (a) the Minister has serious reasons for considering that:
 (i) the non‑citizen has committed a crime against peace, a war crime or a crime against humanity, as defined by international instruments prescribed by the regulations; or
 (ii) the non‑citizen committed a serious non‑political crime before entering Australia; or
 (iii) the non‑citizen has been guilty of acts contrary to the purposes and principles of the United Nations; or
 (b) the Minister considers, on reasonable grounds, that:
 (i) the non‑citizen is a danger to Australia's security; or
 (ii) the non‑citizen, having been convicted by a final judgment of a particularly serious crime (including a crime that consists of the commission of a serious Australian offence or serious foreign offence), is a danger to the Australian community.