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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Migration Amendment (Complementary
Protection and Other Measures) Bill
2015
No. , 2015
(Immigration and Border Protection)
A Bill for an Act to amend the Migration Act 1958,
and for related purposes
No. , 2015
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
i
Contents
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Schedules ............................................................................................ 2
Schedule 1--Amendme nts
3
Part 1--Amendments
3
Migration Act 1958
3
Part 2--Application and savings provisions
9
No. , 2015
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
1
A Bill for an Act to amend the Migration Act 1958,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Migration Amendment
5
(Complementary Protection and Other Measures) Act 2015.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
A single day to be fixed by Proclamation.
However, if the provisions do not commence
within the period of 6 months beginning on
the day this Act receives the Royal Assent,
they commence on the day after the end of
that period.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Amendments Part 1
No. , 2015
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
3
Schedule 1--Amendments
1
Part 1--Amendments
2
Migration Act 1958
3
1 Subsection 5(1) (subparagraph (b)(iii) of the definition of
4
fast track decision)
5
Repeal the subparagraph, substitute:
6
(iii) subsection 36(2C).
7
2 Subsection 5(1) (definition of significant harm)
8
Omit "36(2A)", substitute "5LAA(3)".
9
3 Paragraph 5H(1)(a)
10
Omit "the country of his or her nationality and, owing to a well-founded
11
fear of persecution", substitute "the person's receiving country and,
12
owing to a well-founded fear of persecution in relation to that country".
13
4 Paragraph 5H(1)(b)
14
Omit "the country of his or her former habitual residence and owing to
15
a well-founded fear of persecution", substitute "the person's receiving
16
country and, owing to a well-founded fear of persecution in relation to
17
that country".
18
5 Subsection 5J(1)
19
After "persecution", insert "in relation to a country".
20
6 Paragraph 5J(1)(b)
21
Omit "returned to the receiving country", substitute "were in the
22
country".
23
7 Paragraph 5J(1)(c)
24
Omit "a receiving country", substitute "the country".
25
8 Subsection 5J(2)
26
Repeal the subsection (not including the note), substitute:
27
Schedule 1 Amendments
Part 1 Amendments
4
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
No. , 2015
(2) A person does not have a well-founded fear of persecution in
1
relation to a country if effective protection measures against
2
persecution are available to the person in the country.
3
9 Subsection 5J(3)
4
After "persecution", insert "in relation to a country".
5
10 Subsection 5J(3)
6
Omit "a receiving country", substitute "the country".
7
11 After section 5L
8
Insert:
9
5LAA Real risk that a person will suffer significant harm
10
(1) For the purposes of the application of this Act and the regulations
11
to a particular person, there is a real risk that the person will suffer
12
significant harm in a country if:
13
(a) the real risk relates to all areas of the country; and
14
(b) the real risk is faced by the person personally.
15
(2) For the purposes of paragraph (1)(b), if the real risk is faced by the
16
population of the country generally, the person must be at a
17
particular risk for the risk to be faced by the person personally.
18
(3) A person will suffer significant harm if:
19
(a) the person will be arbitrarily deprived of his or her life; or
20
(b) the death penalty will be carried out on the person; or
21
(c) the person will be subjected to torture; or
22
(d) the person will be subjected to cruel or inhuman treatment or
23
punishment; or
24
(e) the person will be subjected to degrading treatment or
25
punishment.
26
(4) There is not a real risk that a person will suffer significant harm in
27
a country if effective protection measures against significant harm
28
are available to the person in the country.
29
Note:
For effective protection measures, see section 5LA.
30
Amendments Schedule 1
Amendments Part 1
No. , 2015
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
5
(5) There is not a real risk that a person will suffer significant harm in
1
a country if the person could take reasonable steps to modify his or
2
her behaviour so as to avoid a real risk that the person will suffer
3
significant harm in the country, other than a modification that
4
would:
5
(a) conflict with a characteristic that is fundamental to the
6
person's identity or conscience; or
7
(b) conceal an innate or immutable characteristic of the person;
8
or
9
(c) without limiting paragraph (a) or (b), require the person to do
10
any of the following:
11
(i) alter his or her religious beliefs, including by
12
renouncing a religious conversion, or conceal his or her
13
true religious beliefs, or cease to be involved in the
14
practice of his or her faith;
15
(ii) conceal his or her true race, ethnicity, nationality or
16
country of origin;
17
(iii) alter his or her political beliefs or conceal his or her true
18
political beliefs;
19
(iv) conceal a physical, psychological or intellectual
20
disability;
21
(v) enter into or remain in a marriage to which that person
22
is opposed, or accept the forced marriage of a child;
23
(vi) alter his or her sexual orientation or gender identity or
24
conceal his or her true sexual orientation, gender
25
identity or intersex status.
26
12 Subsection 5LA(1)
27
Omit "are available to the person in a receiving country", substitute
28
"against persecution or significant harm are available to the person in a
29
country".
30
13 Paragraph 5LA(1)(a)
31
After "persecution", insert "or significant harm (as the case requires)".
32
14 Subsection 5LA(2)
33
After "persecution", insert "or significant harm".
34
Schedule 1 Amendments
Part 1 Amendments
6
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
No. , 2015
15 Paragraph 36(2)(aa)
1
After "significant harm", insert "in the receiving country or another
2
country (see section 5LAA)".
3
16 Subsections 36(2A), (2B) and (2C)
4
Repeal the subsections, substitute:
5
Ineligibility for grant of protection visa
6
(2C) A non-citizen is taken not to satisfy the criterion mentioned in
7
paragraph (2)(aa) if the Minister has serious reasons for
8
considering that:
9
(a) the non-citizen has committed a crime against peace, a war
10
crime or a crime against humanity, as defined by
11
international instruments prescribed by the regulations; or
12
(b) the non-citizen committed a serious non-political crime
13
before entering Australia; or
14
(c) the non-citizen has been guilty of acts contrary to the
15
purposes and principles of the United Nations.
16
17 Subsection 36(3)
17
After "protection obligations", insert "because of a matter mentioned in
18
paragraph (2)(a) or (aa)".
19
18 Subsection 36(4)
20
Omit "in respect of which", substitute "if".
21
19 Paragraph 36(4)(a)
22
Repeal the paragraph, substitute:
23
(a) the non-citizen has a well-founded fear of persecution in
24
relation to the country (see section 5J); or
25
20 Paragraph 36(4)(b)
26
Omit "in relation to the country", substitute "in the country (see
27
section 5LAA)".
28
21 Subsection 36(5)
29
Repeal the subsection, substitute:
30
Amendments Schedule 1
Amendments Part 1
No. , 2015
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
7
(5) Subsection (3) does not apply in relation to a country if:
1
(a) the non-citizen has a well-founded fear that the country will
2
send the non-citizen to another country; and
3
(b) the non-citizen has a well-founded fear of persecution in
4
relation to the other country (see section 5J).
5
22 Paragraph 36(5A)(a)
6
Omit "return", substitute "send".
7
23 Paragraph 36(5A)(b)
8
Omit "in relation to the other country", substitute "in the other country
9
(see section 5LAA)".
10
24 After paragraph 336F(5)(c)
11
Insert:
12
(caa) the person is an unauthorised maritime arrival:
13
(i) who makes a claim for protection as a refugee; and
14
(ii) who, following assessment of his or her claim, is found
15
to be a person in respect of whom there are reasonable
16
grounds for considering that he or she is a danger to
17
Australia's security or is a person who, having been
18
convicted by a final judgment of a particularly serious
19
crime (including a crime that consists of the commission
20
of a serious Australian offence or serious foreign
21
offence), is a danger to the Australian community; or
22
25 Paragraph 411(1)(c)
23
Omit all the words after "relying", substitute "on subsection 5H(2) or
24
36(1B), (1C) or (2C)".
25
26 Subparagraph 411(1)(d)(i)
26
After "36(1C)", insert "or (2C)".
27
27 Subparagraph 411(1)(d)(ii)
28
Omit "1979); or", substitute "1979).".
29
28 Subparagraph 411(1)(d)(iii)
30
Repeal the subparagraph.
31
Schedule 1 Amendments
Part 1 Amendments
8
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
No. , 2015
29 Paragraph 500(1)(c)
1
Omit all the words after "relying", substitute "on subsection 5H(2) or
2
36(1C) or (2C)".
3
30 Paragraph 500(4)(c)
4
Omit all the words after "relying", substitute "on subsection 5H(2) or
5
36(1C) or (2C)".
6
31 Subparagraph 502(1)(a)(ii)
7
After "36(1C)", insert "or (2C)".
8
32 Paragraph 503(1)(c)
9
After "36(1C)", insert "or (2C)".
10
Amendments Schedule 1
Application and savings provisions Part 2
No. , 2015
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
9
Part 2--Application and savings provisions
1
33 Application of amendments
2
(1)
The amendments made by Part 1 apply in relation to a protection
3
obligations assessment that is made as a result of an application for a
4
visa that is made, or an administrative process that starts, on or after the
5
day this item commences.
6
(2)
For the purposes of subitem (1), a protection obligations assessment is
7
an assessment under:
8
(a) the Migration Act 1958; or
9
(b) a regulation or other instrument made under that Act; or
10
(c) an administrative process that occurs in relation to that Act,
11
regulation or other instrument;
12
of whether Australia has protection obligations in respect of a person,
13
regardless of whether the assessment is made as a result of an
14
application for a visa by a person.
15
34 Savings provision
--prescribed international instruments
16
Regulations in force for the purposes of subparagraph 36(2C)(a)(i) of
17
the Migration Act 1958 immediately before the commencement of this
18
item continue in force, at and after that commencement, for the
19
purposes of paragraph 36(2C)(a) of that Act.
20