Document ID: chunk:federal_register_of_legislation:C2024C00800:section:36:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 36 (pt 2/3)
Character Range: 150705–153505

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.

Protection obligations
 (3) Australia is taken not to have protection obligations in respect of a non‑citizen who has not taken all possible steps to avail himself or herself of a right to enter and reside in, whether temporarily or permanently and however that right arose or is expressed, any country apart from Australia, including countries of which the non‑citizen is a national.
 (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