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MIGRATION ACT 1958 - SECT 5AAA

Non - citizen's responsibility in relation to protection claims

  (1)   This section applies in relation to a non - citizen who claims to be a person in respect of whom Australia has protection obligations (however arising).

  (2)   For the purposes of this Act, it is the responsibility of the non - citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim.

  (3)   The purposes of this Act include:

  (a)   the purposes of a regulation or other instrument under this Act; and

  (b)   the purposes of any administrative process that occurs in relation to:

  (i)   this Act; or

  (ii)   a regulation or instrument under this Act.

  (4)   To remove doubt, the Minister does not have any responsibility or obligation to:

  (a)   specify, or assist in specifying, any particulars of the non - citizen's claim; or

  (b)   establish, or assist in establishing, the claim.


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