6Minister may issue convention travel documents

6 Minister may issue convention travel documents

Minister may issue convention travel documents (1) For section 9 of the Act, the Minister may issue a convention travel document to a person who is present in Australia if the person: (a) is not an Australian citizen; and (b) is recognised as a refugee under the Refugee Convention; and (c) qualifies under subsection (2) or (3). (2) The person qualifies under this subsection if the person is lawfully resident in Australia or is otherwise lawfully staying in Australia. (3) The person qualifies under this subsection if the person: (a) is not lawfully resident in Australia; and (b) is unable to obtain a valid travel document from the country of his or her lawful residence. (4) For section 9 of the Act, the Minister may issue a convention travel document to a person who is overseas if all of the following apply: (a) the person is not an Australian citizen; (b) the person has a valid Australian visa with re‑entry rights; (c) the person is recognised as a refugee under the Refugee Convention; (d) the person is unable to obtain a valid travel document from the country of his or her lawful residence; (e) the person has previously been issued with a convention travel document; (f) either: (i) the person’s most recent convention travel document has been lost, stolen or damaged; or (ii) the Minister is satisfied that exceptional circumstances exist. Period of validity (5) A convention travel document ceases to be valid at the end of the day specified in the document as the day on which the document ceases to be valid. (6) The day specified under subsection (5) must be no later than: (a) in the case of a person who qualifies under subsection (2)—2 years after the day on which the document was issued; or (b) in the case of a person who qualifies under subsection (3)—1 year after the day on which the document was issued; or (c) in the case of a document issued under subsection (4)—1 year after the day on which the document was issued. Meaning of residence etc. (7) In this section, a reference to residence, or staying, in a country (including Australia), in relation to a person, has the meaning that it has in the Refugee Convention.