MIGRATION ACT 1958 - SECT 5LA Effective protection measures

MIGRATION ACT 1958 - SECT 5LA

  (1)   For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if:

  (a)   protection against persecution could be provided to the person by:

  (i)   the relevant State; or

  (ii)   a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and

  (b)   the relevant State, party or organisation mentioned in paragraph   (a) is willing and able to offer such protection.

  (2)   A relevant State, party or organisation mentioned in paragraph   (1)(a) is taken to be able to offer protection against persecution to a person if:

  (a)   the person can access the protection; and

  (b)   the protection is durable; and

  (c)   in the case of protection provided by the relevant State--the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.