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Migration Legislation Amendment Act
(No. 4) 1994

No. 136 of 1994

An Act to amend the Migration Act 1958, and for related
purposes

[Assented to 15 November 1994]

  The Parliament of Australia enacts:

Short title

1. This Act may be cited as the Migration Legislation Amendment Act (No. 4) 1994.

Commencement

  2. This Act commences on the day on which it receives the Royal Assent.

Schedule

3. The Migration Act 1958 is amended in accordance with items 1 and 2 in the Schedule, and item 3 in the Schedule has effect according to its terms.

                         SCHEDULE Section 3

AMENDMENT OF THE MIGRATION ACT 1958

      1. After Subdivision AH of Division 3 of Part 2:

  Insert:

"Subdivision AI—Certain non-citizens unable to apply for certain visas

Reason for Subdivision

"91A. This Subdivision is enacted because the Parliament considers that certain non-citizens who are covered by the CPA, or in relation to whom there is a safe third country, should not be allowed to apply for a protection visa or, in some cases, any other visa. Any such non-citizen who is an unlawful non-citizen will be subject to removal under Division 8.

Interpretation

  "91B.(1) In this Subdivision:

'agreement' includes a written arrangement or understanding, whether or not binding;

'CPA' means the Comprehensive Plan of Action approved by the International Conference on Indo-Chinese Refugees, held at Geneva, Switzerland, from 13 to 14 June 1989.

  "(2) For the purposes of this Subdivision, if, apart from this section:

  (a) a colony, overseas territory or protectorate of a foreign country; or

    (b) an overseas territory for the international relations of which a foreign country is responsible;

is not a country in its own right, the colony, territory or protectorate is taken to be a country in its own right.

Non-citizens covered by Subdivision

"91C.(1) This Subdivision applies to a non-citizen at a particular time if:

  (a) the non-citizen is in Australia at that time; and

  (b) at that time, the non-citizen is covered by:

        (i) the CPA; or

        (ii) an agreement, relating to persons seeking asylum, between Australia and a country that is, or countries that include a country that is, at that time, a safe third country in relation to the non-citizen (see section 91D); and

    (c) the non-citizen is not excluded by the regulations from the application of this Subdivision.

SCHEDULE—continued

"(2) To avoid doubt, a country does not need to be prescribed as a safe third country at the time that the agreement referred 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