Commonwealth Numbered Regulations

1995 No. 3 MIGRATION REGULATIONS (AMENDMENT) - REG 3

3.1 Add at the end:
                   "SCHEDULE 11             Subregulation 2.12A (1)

MEMORANDUM OF UNDERSTANDING Representatives of the Ministry of Civil Affairs
of the People's Republic of China and the Department of Immigration and Ethnic
Affairs of Australia met in Beijing from January 20 to 25, 1995 on the issue
of recent unauthorised arrivals in Australia of Vietnamese refugees settled in
China. The discussions were held in a friendly and cooperative atmosphere.

Being concluding parties to the "1951 Convention Relating to the Status of
Refugees"and the "1967 Protocol Relating to the Status of Refugees", both
parties observed that since 1979 the Chinese Government has provided effective
protection to over 280,000 Vietnamese refugees settled in China, including
significant humanitarian assistance such as land, housing, medical care,
education and employment. Both parties also noted that the United Nations High
Commissioner for Refugees has been closely involved in all matters relating to
the refugees, with the active cooperation of the Chinese authorities, both
centrally and locally.

Both parties noted that the recent movement to Australia of some Vietnamese
refugees settled in China was unauthorised. Consistent with international
practice, both parties expressed their opposition to the unauthorised flow of
refugees to third countries from the country of first asylum where they enjoy
protection.

Both parties agreed that for the recent and possible future unauthorised
arrivals in Australia of Vietnamese refugees settled in China they will, in
the spirit of international cooperation and burden sharing and maintaining and
further developing the friendly relations between China and Australia, and
fulfilling international obligations consistent with international practice,
engage in friendly consultations and seek proper settlement of the issue
through agreed procedures. To this end, Vietnamese refugees settled in China
returned under agreed verification arrangements, will continue to receive the
protection of the Government of China.

On this basis both parties reached the following understandings on special
arrangements for dealing with current unauthorised arrivals in Australia of
Vietnamese refugees settled in China.

1. The Ministry of Civil Affairs agrees to accept those refugees settled in
China, subject to verification procedures as agreed between the two parties,
and will be responsible for their resettlement. However, this will not
constitute a precedent for China in its handling of similar cases with other
countries and regions.

2. The Department of Immigration and Ethnic Affairs will provide the Ministry
of Civil Affairs with Vietnamese refugee registration forms as agreed between
the two parties to facilitate the verification by the Chinese side. The
Department of Immigration and Ethnic Affairs will be responsible for the
return of the verified Vietnamese refugees to China by air and will meet all
associated costs. The refugees will be returned in groups as soon as possible
as verification procedures are completed.

3. Both parties agree to keep the UNHCR informed of the outcome of the
negotiations and progress in relation to the returns, and seek its assistance
if necessary.

Done in duplicate in Beijing on January 25, 1995 in Chinese and English, both
texts being equally authentic.

Director-General, Office for        Ambassador to the People's Reception
and Settlement of                   Republic of China
Indo-Chinese Refugees

For the Ministry of Civil Affairs   For the Department of
of the People's Republic of China   Immigration and Ethnic Affairs of
Australia".