Section 91D — Migration Act 1958: Safe third countries

(1) A country is a safe third country in relation to a non-citizen if: (a) the country is prescribed as a safe third country in relation to the non-citizen, or in relation to a class of persons of which the non-citizen is a member; and (b) the non-citizen has a prescribed connection with the country. (2) Without limiting paragraph (1)(b), the regulations may provide that a person has a prescribed connection with a country if: (a) the person is or was present in the country at a particular time or at any time during a particular period; or (b) the person has a right to enter and reside in the country (however that right arose or is expressed). (3) The Minister must, within 2 sitting days after a regulation under paragraph (1)(a) is laid before a House of the Parliament, cause to be laid before that House a statement, covering the country, or each of the countries, prescribed as a safe third country by the regulation, about: (a) the compliance by the country, or each of the countries, with relevant international law concerning the protection of persons seeking asylum; and (b) the meeting by the country, or each of the countries, of relevant human rights standards for the persons in relation to whom the country is prescribed as a safe third country; and (c) the willingness of the country, or each of the countries, to allow any person in relation to whom the country is prescribed as a safe third country: (i) to go to the country; and (ii) to remain in the country during the period in which any claim by the person for asylum is determined; and (iii) if the person is determined to be a refugee while in the country—to remain in the country until a durable solution relating to the permanent settlement of the person is found. (4) A regulation made for the purposes of paragraph (1)(a) ceases to be in force at the end of 2 years after the regulation commences.