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MIGRATION ACT 1958 - SECT 91C

Non-citizens covered by Subdivision

             (1)  This Subdivision applies to a non-citizen at a particular time if:

                     (a)  the non-citizen is in Australia at that time; and

                     (b)  at that time, the non-citizen is covered by:

                              (i)  the CPA; or

                             (ii)  an agreement, relating to persons seeking asylum, between Australia and a country that is, or countries that include a country that is, at that time, a safe third country in relation to the non-citizen (see section 91D); and

                     (c)  the non-citizen is not excluded by the regulations from the application of this Subdivision.

             (2)  To avoid doubt, a country does not need to be prescribed as a safe third country at the time that the agreement referred to in subparagraph (1)(b)(ii) is made.



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