{"id":"F2023L00093","name":"Migration (Regional Processing Country—Republic of Nauru) Designation (LIN 23/017) 2023","slug":"migration-regional-processing-country-republic-of-nauru-designation-lin-23-017-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":103751,"registerId":"commonwealth-F2023L00093-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (Regional Processing Country—Republic of Nauru) Designation (LIN 23/017) 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\nLIN 23/017\n\nMigration (Regional Processing Country—Republic of Nauru) Designation (LIN 23/017) 2023\n\nI, Clare O’Neil, Minister for Home Affairs and Minister for Cyber Security, under subsection 198AB(1) of the Migration Act 1958, thinking that it is in the national interest to do so, designate that the Republic of Nauru is a regional processing country.\n\n \n\nDated 5 February 2023\n\nThe Hon. Clare O’Neil MP\n\nMinister for Home Affairs\n\nMinister for Cyber Security\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument exercises a pre-existing statutory power by applying it to a specific country (the Republic of Nauru). It does not on its face alter or expand the statutory power cited (subsection 198AB(1) of the Migration Act 1958), nor does it add conditions, exceptions or procedural rules. The instrument’s scope is limited to making that designation."},"complexity_factors":["Very short, single-purpose instrument — it only records a designation.","Relies on an external statutory provision (subsection 198AB(1) of the Migration Act 1958) for substantive effect; the instrument does not reproduce or explain that provision.","High dependence on other legal or administrative instruments for implementation details (cost, obligations, procedures) which are not included here.","Involves ministerial discretion (the Minister makes the designation), which may require reference to administrative law or the parent statute to assess scope and reviewability.","Lack of detail in the instrument increases legal uncertainty about immediate practical effects and who bears compliance or fiscal burdens."],"plain_english_summary":"The instrument (LIN 23/017), signed by Minister Clare O’Neil on 5 February 2023, formally designates the Republic of Nauru as a “regional processing country” under subsection 198AB(1) of the Migration Act 1958. \n\nIt records only the Minister’s view that the designation is “in the national interest” and contains no operational details, costs, or downstream legal effects — those must be read from the Act or other arrangements."},"kimi_summary":{"content_quality":"ok","complexity_score":1,"scope_assessment":{"changed":false,"description":"This instrument performs exactly the narrow, specific function it was designed for: designating a country as a regional processing country under the Migration Act. It does not expand beyond the original legislative intent of subsection 198AB(1)."},"complexity_factors":["Extremely short instrument (approximately 150 words)","No defined terms section","No cross-references to other legislation beyond the single empowering provision (subsection 198AB(1))","No conditional logic, exceptions, or procedural requirements","Single operative clause with straightforward factual declaration","Standard ministerial template format"],"plain_english_summary":"This is a short legal instrument made by the Minister for Home Affairs, Clare O'Neil, in February 2023. It formally designates **Nauru as a 'regional processing country'** under Australia's Migration Act 1958.\n\n**What this means:**\n- Australia can send asylum seekers who arrive by boat (or in certain other circumstances) to Nauru to have their refugee claims processed there, rather than in Australia.\n- This is part of Australia's 'offshore processing' or 'regional processing' policy, which has been in place in various forms since 2001.\n\n**Who it affects:**\n- Asylum seekers who attempt to reach Australia by sea without a valid visa\n- The government of Nauru (which operates processing facilities under agreement with Australia)\n- Australian government agencies responsible for immigration and border protection\n\n**Why it matters:**\nThis designation is the legal foundation that allows Australia to transfer people to Nauru for offshore processing. Without this formal designation, such transfers would not be lawful under the Migration Act. The instrument reflects the continuation of a controversial policy that aims to deter people from making dangerous sea voyages to Australia, but which has been criticised by human rights organisations for its impact on the wellbeing of asylum seekers."}},"importantCases":[],"_links":{"self":"/api/acts/migration-regional-processing-country-republic-of-nauru-designation-lin-23-017-2023","history":"/api/acts/migration-regional-processing-country-republic-of-nauru-designation-lin-23-017-2023/history","analysis":"/api/acts/migration-regional-processing-country-republic-of-nauru-designation-lin-23-017-2023/analysis","conflicts":"/api/acts/migration-regional-processing-country-republic-of-nauru-designation-lin-23-017-2023/conflicts","importantCases":"/api/acts/migration-regional-processing-country-republic-of-nauru-designation-lin-23-017-2023/important-cases","documents":"/api/acts/migration-regional-processing-country-republic-of-nauru-designation-lin-23-017-2023/documents"}}