{"id":"F2011L01685","name":"Instrument of Declaration of Malaysia as a Declared Country under Subsection 198A(3) of the Migration Act 1958","slug":"instrument-of-declaration-of-malaysia-as-a-declared-country-under-subsection-198a-3-of-the-migration","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":126154,"registerId":"commonwealth-F2011L01685-current","compilationNumber":null,"startDate":"2026-04-03","status":"Repealed","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Instrument of Declaration of Malaysia as a Declared Country under Subsection 198A(3) of the Migration Act 1958","content":"![](image.001.png)  \n\nCommonwealth of Australia\n\nMigration Act 1958\n\nINSTRUMENT OF DECLARATION OF MALAYSIA\n\nAS A DECLARED COUNTRY UNDER SUBSECTION 198A(3) OF THE MIGRATION ACT 1958\n\nI, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under subsection 198A(3) of the Migration Act 1958 (\"the Act\"), DECLARE that Malaysia:\n\n1.  provides access, for persons seeking asylum, to effective procedures for assessing their need for protection; and\n2.  provides protection for persons seeking asylum, pending determination of their refugee status; and\n3.  provides protection to persons who are given refugee status, pending their voluntary repatriation to their country of origin or resettlement in another country; and\n4.  meets relevant human rights standards in providing that protection.\n\nDated 25 July 2011\n\nCHRIS BOWEN\n\nMinister for Immigration and Citizenship.\n\n\\[NOTE 1.Subsection 198A(3) provides that the Minister may declare in writing that a specified country provides access for persons seeking asylum to effective procedures for assessing their needs for protection and provides protection for persons seeking asylum pending determination of their refugee status and provides protection to those assessed as refugees pending their voluntary repatriation to their country or origin or resettlement in another country and meets human rights standards in providing protection.\\]","sortOrder":0}],"analysis":{"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-batch","completionTokens":3164},"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This is the original 2011 declaration instrument, operating strictly within the scope of subsection 198A(3) of the Migration Act 1958. It performs the exact function contemplated by the enabling legislation—declaring a country meets protection standards—and does not expand beyond the statutory criteria."},"complexity_factors":["No defined terms or interpretation section","Four simple declaratory criteria in numbered list format","Single operative provision with no conditional logic, exceptions, or cross-references","Document consists of one page with straightforward administrative declaration structure"],"plain_english_summary":"This instrument is the Immigration Minister’s formal declaration that Malaysia is a \"declared country\" under the Migration Act, certifying it meets four specified standards for assessing and protecting asylum seekers and refugees. \n\nIt matters because the declaration provided the legal basis for transferring asylum seekers arriving in Australia to Malaysia for processing — affecting anyone the government sought to move offshore and effectively treating Malaysia as a safe place for such transfers."}},"importantCases":[],"_links":{"self":"/api/acts/instrument-of-declaration-of-malaysia-as-a-declared-country-under-subsection-198a-3-of-the-migration","history":"/api/acts/instrument-of-declaration-of-malaysia-as-a-declared-country-under-subsection-198a-3-of-the-migration/history","analysis":"/api/acts/instrument-of-declaration-of-malaysia-as-a-declared-country-under-subsection-198a-3-of-the-migration/analysis","conflicts":"/api/acts/instrument-of-declaration-of-malaysia-as-a-declared-country-under-subsection-198a-3-of-the-migration/conflicts","importantCases":"/api/acts/instrument-of-declaration-of-malaysia-as-a-declared-country-under-subsection-198a-3-of-the-migration/important-cases","documents":"/api/acts/instrument-of-declaration-of-malaysia-as-a-declared-country-under-subsection-198a-3-of-the-migration/documents"}}