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StatuteMigration Act 1958

Section 5AAA — Migration Act 1958: Non-citizen’s responsibility in relation to protection claims

Text of the provision Official document

(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.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.