Document ID: chunk:federal_register_of_legislation:C2004A00551:clause:1_91n
Version: federal_register_of_legislation:C2004A00551
Segment Type: clause
Provision Reference: sch 1 cl 91N
Character Range: 65522–67832

91N  Non‑citizens to whom this Subdivision applies

 (1) This Subdivision applies to a non‑citizen at a particular time if, at that time, the non‑citizen is a national of 2 or more countries.

 (2) This Subdivision also applies to a non‑citizen at a particular time if, at that time:
 (a) the non‑citizen has a right to re‑enter and reside in, whether temporarily or permanently and however that right arose or is expressed, any country (the available country) apart from:
 (i) Australia; or
 (ii) a country of which the non‑citizen is a national; or
 (iii) if the non‑citizen has no country of nationality—the country of which the non‑citizen is an habitual resident; and
 (b) the non‑citizen has ever resided in the available country for a continuous period of at least 7 days or, if the regulations prescribe a longer continuous period, for at least that longer period; and
 (c) a declaration by the Minister is in effect under subsection (3) in relation to the available country.

 (3) The Minister may, after considering any advice received from the Office of the United Nations High Commissioner for Refugees:
 (a) declare in writing that a specified country:
 (i) provides access, for persons seeking asylum, to effective procedures for assessing their need for protection; and
 (ii) provides protection to persons to whom that country has protection obligations; and
 (iii) meets relevant human rights standards for persons to whom that country has protection obligations; or
 (b) in writing, revoke a declaration made under paragraph (a).

 (4) A declaration made under paragraph (3)(a):
 (a) takes effect when it is made by the Minister; and
 (b) ceases to be in effect if and when it is revoked by the Minister under paragraph (3)(b).

 (5) The Minister must cause a copy of a declaration, or of a revocation of a declaration, to be laid before each House of the Parliament within 2 sitting days of that House after the Minister makes the declaration or revokes the declaration.

Determining nationality

 (6) For the purposes of this section, 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.