Section 5LA — Migration Act 1958: Effective protection measures

(1) For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if: (a) protection against persecution could be provided to the person by: (i) the relevant State; or (ii) a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and (b) the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection. (2) A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if: (a) the person can access the protection; and (b) the protection is durable; and (c) in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.