Document ID: chunk:federal_register_of_legislation:C2011A00121:clause:1_15
Version: federal_register_of_legislation:C2011A00121
Segment Type: clause
Provision Reference: sch 1 cl 15
Character Range: 11287–12749

15  Subsections 36(4) and (5)
Repeal the subsections, substitute:
 (4) However, subsection (3) does not apply in relation to a country in respect of which:
 (a) the non‑citizen has a well‑founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion; or
 (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 country.
 (5) Subsection (3) does not apply in relation to a country if the non‑citizen has a well‑founded fear that:
 (a) the country 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.