Statutory Implementation of the Complementary Protection Framework
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
Policy effect
Operatively commenced statutory criteria under section 36(2)(aa) of the Migration Act 1958, allowing non-citizens who do not meet the 1951 Refugee Convention definition to be granted a Protection visa (Class XA) if there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed to a receiving country, there is a real risk they will suffer significant harm. Phase scope: Nationwide implementation across all protection visa adjudications from 24 March 2012.
Official source excerpt
Quoted verbatim from the official source below. Ellipses indicate omitted text.
… that is inconsistent with the Articles of the Covenant; but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant. 10 At the end of subparagraph 5A(3)(j)(ii) Add “or”. 11 After subparagraph 5A(3)(j)(ii) Insert: (iii) an offshore entry person who makes a claim for protection on the basis that the person will suffer significant harm; 12 After paragraph 36(2)(a) Insert: (aa) a non-citizen in Australia (other than a non-citizen mentioned in paragraph (a)) to whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm; or 13 At the end of subsection 36(2) Add: ; or (c) a non-citizen in Australia who is a member of the same family unit as a non-citizen who: (i) is mentioned in paragraph (aa); and (ii) holds a protection visa. 14 After subsection 36(2) Insert: ComLaw Authoritative Act C2011A00121 Schedule 1 Amendments 8 Migration … Amendment (Complementary Protection) Act 2011 No. 121, 2011 (2A) A non-citizen will suffer significant harm if: (a) the non-citizen will be arbitrarily deprived of his or her life; or (b) the death penalty will be carried out on the non-citizen; or (c) the non-citizen will be subjected to torture; or (d) the non-citizen will be subjected to cruel or inhuman treatment or punishment; or (e) the non-citizen will be subjected to degrading treatment or punishment. (2B) However, there is taken not to be a real risk that a non-citizen will suffer significant harm in a country if the Minister is satisfied … protection visa, or to cancel a protection visa, relying on: (i) one or more of the following Articles of the Refugees Convention, namely, Article 1F, 32 or 33(2); or (ii) paragraph 36(2C)(a) or (b) of this Act; 34 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: (i) one or more of the following Articles of the Refugees Convention, namely, Article 1F, 32 or 33(2); or (ii) paragraph 36(2C)(a) or (b) of this Act. 35 Application The amendments made by this Schedule apply in relation to an application for a protection visa (within the meaning of the Migration Act 1958): (a) that is made on or after the day on which this item commences; or (b) that is not finally determined (within the meaning of subsection 5(9) of that Act) before the day on which this item commences. ComLaw Authoritative Act C2011A00121 Migration Amendment (Complementary Protection) Act 2011 No. 121, 2011 13 [Minister’s second reading speech made in— House of Representatives on 24 February 2011 Senate on 14 June 2011] (25/11) ComLaw Authoritative Act C2011A00121 …
Review method
Two separate automated exact-claim source reviews
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