Nauru designated for offshore regional processing
Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix
Policy effect
The Minister designated the Republic of Nauru as a regional processing country under subsection 198AB(1) of the Migration Act 1958, enabling asylum seekers arriving by boat to be sent there for offshore processing.
Conditions and exceptions
Validated condition or limit: The designation was made under Migration Act 1958 subsection 198AB(1) and enabled transfer to Nauru for regional processing.
Official source excerpt
Quoted verbatim from the official source below. Ellipses indicate omitted text.
… ed into Parliament in September 2011, ie prior to the passage of the *Human Rights (Parliamentary Scrutiny) Act 2011* (HR(PS) Act). Government amendments to the bill (to enable offshore processing in a designated ‘regional processing country’ in line with the expert panel recommendations) were introduced on 14 August 2012. Amendments to bills are not technically required to be accompanied by a statement of compatibility under [section 9](http://www.austlii.edu.au/au/legis/cth/numact/hrsa2011409/s9l) of the HR(PS) Act; however the committee has indicated that it would be good practice to do so particularly where the amendments have the potential to impact on human rights . | 17 Aug 2012 | | *Migration Act 1958 - Instrument of Designation of the Republic of Nauru as a Regional Processing Country under subsection 198AB(1) of the Migration Act 1958 - September 2012* \[F2012L01851] | <ul><li>Designates Nauru as a regional processing country to which asylum seekers can be sent.</li></ul> | Not required. The instrument does not come within the definition of a disallowable legislative instrument under section 42 of the *Legislative Instruments Act 2003* (LI Act). Section 9 of the HR(PS) Act only requires statements for legislative instruments within the meaning of section 42 of the LI Act. The committee’s mandate to examine legislative instruments, however, is not tied to the section 42 definition. | 12 Sep 2012 | | *Migration Act 1958 - Instrument of Designation of the Independent State of Papua New Guinea as a Regional Processing Country under subsection 198AB(1) of the Migration Act 1958 - October 2012* \[F2012L02003] | <ul><li>Designates Papua New Guinea as a regional processing country to which asylum seekers can be sent.</li></ul> | Not required. The instrument does not come within the definition of a disallowable legislative instrument under section 42 of …Retrieved from https://aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Scrutiny_reports/2013/2013/92013/e01
Review method
Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication
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