A Bill for an Act to amend the Migration Act 1958, and for related purposes
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Migration Amendment (Regaining Control Over Australia’s Protection Obligations) Act 2013.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information |
| Column 1 | Column 2 | Column 3 |
| Provision(s) | 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 provision(s) 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Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendments
Migration Act 1958
1 Subsection 5(1)
Repeal the following definitions:
(a) definition of Covenant;
(b) definition of cruel or inhuman treatment or punishment;
(c) definition of degrading treatment or punishment;
(d) definition of receiving country;
(e) definition of significant harm;
(f) definition of torture.
2 Subparagraph 5A(3)(j)(ii)
Omit “Protocol; or”, substitute “Protocol;”.
3 Subparagraph 5A(3)(j)(iii)
Repeal the subparagraph.
4 Paragraph 36(2)(aa)
Repeal the paragraph.
5 Subparagraph 36(2)(b)(ii)
Omit “visa; or”, substitute “visa.”.
6 Paragraph 36(2)(c)
Repeal the paragraph.
7 Subsections 36(2A), (2B) and (2C)
Repeal the subsections.
8 Subsection 36(4)
Repeal the subsection, substitute:
(4) Subsection (3) does not apply in relation to a country in respect of which the non‑citizen has a well‑founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion.
9 Subsection 36(5A)
Repeal the subsection.
10 Subsection 48A(2) (paragraph (aa) of the definition of application for a protection visa)
Repeal the paragraph, substitute:
(aa) an application for a visa, a criterion for which is mentioned in paragraph 36(2)(a) or (b); and
11 Subparagraph 336F(3)(a)(ii)
Omit “Protocol; or”, substitute “Protocol; and”.
12 Subparagraph 336F(3)(a)(iii)
Repeal the subparagraph.
13 Subparagraph 336F(4)(a)(ii)
Omit “Protocol; or”, substitute “Protocol; and”.
14 Subparagraph 336F(4)(a)(iii)
Repeal the subparagraph.
15 Subparagraph 336F(5)(c)(ii)
Omit “Protocol; or”, substitute “Protocol;”.
16 Paragraphs 336F(5)(ca), (cb) and (cc)
Repeal the paragraphs.
17 Paragraphs 411(1)(c) and (d)
Repeal the paragraphs, substitute:
(c) a decision to refuse to grant a protection visa (other than a decision that was made relying on one or more of Articles 1F, 32 or 33(2) of the Refugees Convention);
(d) a decision to cancel a protection visa (other than a decision that was made because of one or more of Articles 1F, 32 or 33(2) of the Refugees Convention).
18 Paragraph 500(1)(c)
Repeal the paragraph, substitute:
(c) a decision to refuse to grant a protection visa, or to cancel a protection visa, relying on one or more of Articles 1F, 32 or 33(2) of the Refugees Convention;
19 Paragraph 500(4)(c)
Repeal the paragraph, substitute:
(c) a decision to refuse to grant a protection visa, or to cancel a protection visa, relying on one or more of Articles 1F, 32 or 33(2) of the Refugees Convention.
20 Application of amendments
The amendments made by this Schedule apply in relation to each application for a protection visa made:
(a) on or after the day this Schedule commences; or
(b) before that day, if a decision is not made in respect of the application before that day.
21 Transitional—RRT and AAT review
(1) In this item:
affected decision means a decision made, before the day this Schedule commences, to refuse to grant a protection visa.
(2) Despite section 411 of the Migration Act 1958, an affected decision is not an RRT‑reviewable decision to the extent that the decision was made relying on former paragraph 36(2)(aa) or (c) of that Act, if the application for the visa is not finally determined before the day this Schedule commences.
Note: For when an application is finally determined, see subsection 5(9) of the Migration Act 1958.
(3) Despite section 500 of the Migration Act 1958, an affected decision is not reviewable by the Administrative Appeals Tribunal to the extent that the decision was made relying on former paragraph 36(2C)(a) or (b) of that Act if, on the day this Schedule commences:
(a) the decision would (apart from this item) still be subject to a form of review by the Administrative Appeals Tribunal; or
(b) the period within which such a review could be instituted would (apart from this item) not have ended.
Note: Review by the Administrative Appeals Tribunal will still be available to the extent that the decision was made relying on one or more of Articles 1F, 32 or 33(2) of the Refugees Convention, see paragraph 500(1)(c) of the Migration Act 1958.
22 Transitional—bar on further protection visa applications
Despite the amendments made by this Schedule, paragraph (aa) of the definition of application for a protection visa in subsection 48A(2) of the Migration Act 1958 continues to cover an application for a visa, a criterion for which is mentioned in former paragraph 36(2)(aa) or (c) of that Act.
Note: This prevents a non‑citizen from, on and after the commencement of this Schedule, applying for a protection visa if the non‑citizen had earlier been refused a protection visa based on the criterion in former paragraph 36(2)(aa) or (c) of that Act.