Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 91Q

Minister may determine that section 91P does not apply to a non-citizen

             (1)  If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non-citizen, determine that section 91P does not apply to an application for a visa made by the non-citizen in the period starting when the notice is given and ending at the end of the seventh working day after the day that the notice is given.

             (2)  For the purposes of subsection (1), the matters that the Minister may consider include information that raises the possibility that, although the non-citizen satisfies the description set out in subsection 91N(1) or (2), the non-citizen might not be able to avail himself or herself of protection from the country, or any of the countries, by reference to which the non-citizen satisfies that description.

             (3)  The power under subsection (1) may only be exercised by the Minister personally.

             (4)  If the Minister makes a determination under subsection (1), he or she is to cause to be laid before each House of the Parliament a statement that:

                     (a)  sets out the determination; and

                     (b)  sets out the reasons for the determination, referring in particular to the Minister's reasons for thinking that his or her actions are in the public interest.

             (5)  A statement under subsection (4) is not to include:

                     (a)  the name of the non-citizen; or

                     (b)  any information that may identify the non-citizen; or

                     (c)  if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned--the name of that other person or any information that may identify that other person.

             (6)  A statement under subsection (4) is to be laid before each House of the Parliament within 15 sitting days of that House after:

                     (a)  if the determination is made between 1 January and 30 June (inclusive) in a year--1 July in that year; or

                     (b)  if the determination is made between 1 July and 31 December (inclusive) in a year--1 January in the following year.

             (7)  The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any non-citizen, whether he or she is requested to do so by the non-citizen or by any other person, or in any other circumstances.

Subdivision AL -- Other provisions about protection visas



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