Federal Register of Legislation - Australian Government

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Declarations/Other as made
This instrument declares that Malaysia provides access, for persons seeking asylum, to effective procedures for assessing their need for protection, and provides protection for persons seeking asylum, pending determination of their refugee status, and provides protection to persons who are given refugee status, pending their voluntary repatriation to their country of origin or resettlement in another country, and meets relevant human rights standards in providing that protection.
Administered by: Immigration and Border Protection
General Comments: This Declaration was made without power and is invalid. See the decision of the High Court of Australia in Plaintiff M70/2011 v Minister for Immigration and Citizenship & Anor and Plaintiff M106 of 2011 v Minister for Immigration and Citizenship & Anor (31 August 2011).
Made 25 Jul 2011
Registered 18 Aug 2011
Tabled HR 18 Aug 2011
Tabled Senate 18 Aug 2011
Date of repeal 18 Aug 2011
Repealed by Other
Repealing Comments This Declaration was made without power and is invalid. See the decision of the High Court of Australia in Plaintiff M70/2011 v Minister for Immigration and Citizenship & Anor and Plaintiff M106 of 2011 v Minister for Immigration and Citizenship & Anor (31 August 2011).


                

 

Commonwealth of Australia

 

Migration Act 1958

 

 

 

INSTRUMENT OF DECLARATION OF MALAYSIA

AS A DECLARED COUNTRY UNDER SUBSECTION 198A(3) OF THE MIGRATION ACT 1958

 

 

 

I, CHRIS BOWEN,  Minister for Immigration and Citizenship, acting under subsection 198A(3) of the Migration Act 1958 ("the Act"), DECLARE that Malaysia:

 

              i.      provides access, for persons seeking asylum, to effective procedures for assessing their need for protection; and

            ii.      provides protection for persons seeking asylum, pending determination of their refugee status; and

          iii.      provides protection to persons who are given refugee status, pending their voluntary repatriation to their country of origin or resettlement in another country; and

          iv.      meets relevant human rights standards in providing that protection.

 

 

Dated 25 July 2011

 

 

 

 

 

 

 

CHRIS BOWEN

 Minister for Immigration and Citizenship.

 

[NOTE 1.Subsection 198A(3) provides that the Minister may declare in writing that a specified country provides access for persons seeking asylum to effective procedures for assessing their needs for protection and provides protection for persons seeking asylum pending determination of their refugee status and provides protection to those assessed as refugees pending their voluntary repatriation to their country or origin or resettlement in another country and meets human rights standards in providing protection.]