Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_65
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 65
Character Range: 63332–64690

65  At the end of section 36
Add:

Protection obligations

 (3) Australia is taken not to have protection obligations to 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, if the non‑citizen has a well‑founded fear of being persecuted in a country for reasons of race, religion, nationality, membership of a particular social group or political opinion, subsection (3) does not apply in relation to that country.

 (5) Also, if the non‑citizen has a well‑founded fear that:
 (a) a 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;
subsection (3) does not apply in relation to the first‑mentioned 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.