MIGRATION ACT 1958 - SECT 91D Safe third countries
MIGRATION ACT 1958 - SECT 91D
Safe third countries(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 relation to a class of persons of which the non - citizen is a member; and
(b) the non - citizen has a prescribed connection with the country.
(2) Without limiting paragraph (1)(b), the regulations may provide that a person has a prescribed connection with a country if:
(a) the person is or was present in the country at a particular time or at any time during a particular period; or
(b) the person has a right to enter and reside in the country (however that right arose or is expressed).
(3) The Minister must, within 2 sitting days after a regulation under paragraph (1)(a) is laid before a House of the Parliament, cause to be laid before that House a statement, covering the country, or each of the countries, prescribed as a safe third country by the regulation, about:
(a) the compliance by the country, or each of the countries, with relevant international law concerning the protection of persons seeking asylum; and
(b) the meeting by the country, or each of the countries, of relevant human rights standards for the persons in relation to whom the country is prescribed as a safe third country; and
(c) the willingness of the country, or each of the countries, to allow any person in relation to whom the country is prescribed as a safe third country:
(ii) to remain in the country during the period in which any claim by the person for asylum is determined; and
(iii) if the person is determined to be a refugee while in the country--to remain in the country until a durable solution relating to the permanent settlement of the person is found.
(4) A regulation made for the purposes of paragraph
(1)(a) ceases to be in force at the end of 2 years after the regulation
commences.