Commonwealth legislation

Instrument of Declaration of Malaysia as a Declared Country under Subsection 198A(3) of the Migration Act 1958

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This Act has been repealed and is no longer in force. It is retained for historical reference.

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Commonwealth

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legislative instrument

Plain English Summary

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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.

It 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.

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Direct links to the current provisions in Instrument of Declaration of Malaysia as a Declared Country under Subsection 198A(3) of the Migration Act 1958.

Instrument of Declaration of Malaysia as a Declared Country under Subsection 198A(3) of the Migration Act 1958

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Commonwealth of Australia

Migration Act 1958

INSTRUMENT OF DECLARATION OF MALAYSIA

AS A DECLARED COUNTRY UNDER SUBSECTION 198A(3) OF THE MIGRATION ACT 1958

I, CHRIS BOWEN, Minister for Immigration and Citizenship, acting under subsection 198A(3) of the Migration Act 1958 ("the Act"), DECLARE that Malaysia:

provides access, for persons seeking asylum, to effective procedures for assessing their need for protection; and
provides protection for persons seeking asylum, pending determination of their refugee status; and
provides protection to persons who are given refugee status, pending their voluntary repatriation to their country of origin or resettlement in another country; and
meets relevant human rights standards in providing that protection.

Dated 25 July 2011

CHRIS BOWEN

Minister for Immigration and Citizenship.

[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.]

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

1 Instrument of Declaration of Malaysia as a Declared Country under Subsection 198A(3) of the Migration Act 1958