Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Act No. 35, 2021)

Policy effect

Amended section 197C and inserted section 36A into the Migration Act 1958 to clarify that mandatory statutory removal provisions do not authorise the removal of an unlawful non-citizen to a country in respect of which a valid protection finding has been made (codifying non-refoulement review mechanisms in response to Federal Court rulings).

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.Authorised Version C2021A00035 Amendments Schedule 1 No. 35, 2021 Migration Amendment (Clarifying International Obligations for Removal) Act 2021 3 Schedule 1—Amendments Migration Act 1958 1 After section 36 Insert: 36A Consideration of protection obligations (1) In considering a valid application for a protection visa made by a non-citizen, the Minister must consider and make a record of … Migration Amendment (Clarifying International Obligations for Removal) Act 2021 No. 35, 2021 holder) who holds a protection visa of the same class as the visa the family applicant is applying for; and (b) the family applicant’s application for a protection visa was made before the family visa holder was granted their visa; and (c) the family visa holder is a non-citizen mentioned in paragraph 36(2)(a) or (aa). 2 Section 197C (heading) Repeal the heading, substitute: 197C Relevance of Australia’s non-refoulement obligations to removal of unlawful non-citizens under section 198 3 At the end of … section 197C Add: (3) Despite subsections (1) and (2), section 198 does not require or authorise an officer to remove an unlawful non-citizen to a country if: (a) the non-citizen has made a valid application for a protection visa that has been finally determined; and (b) in the course of considering the application, a protection finding within the meaning of subsection (4), (5), (6) or (7) was made for the non-citizen with respect to the country (whether or not the visa was refused or was granted and has since been cancelled); and (c) none of the following apply: (i) the decision in which the … protection finding was made has been quashed or set aside; (ii) a decision made under subsection 197D(2) in relation to the non-citizen is complete within the meaning of subsection 197D(6); (iii) the non-citizen has asked the Minister, in writing, to be removed to the country. (4) For the purposes of subsection (3), a protection finding is made for a non-citizen with respect to a country if a record was made in relation to the non-citizen under section 36A that the Minister isAuthorised Version C2021A00035 Amendments Schedule 1 No. 35, 2021 Migration Amendment (Clarifying International Obligations …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2021

• 2021-02-27Facilitation of Onshore Grants for Certain Offshore Family Visas During COVID-19
• 2021-04-30Determination of Maximum Grant Caps for Family Visas for FY2020–21
• 2021-05-14Inclusion of Hospitality and Tourism into the COVID-19 Pandemic Event (Subclass 408) Visa
• 2021-07-01Form 1008 (Internet) is an approved form for a Bridging E (Class WE) visa if the applicant does not have another pending BVE application
• 2021-07-01Nil VAC Concession for COVID-19-Affected Working Holiday Makers (LIN 21/043)
• 2021-07-27Addition of Pharmacist Occupations to the Priority Migration Skilled Occupation List (PMSOL)
• 2021-07-28Exclusion of Non-Compliant Employers from Working Holiday Maker Extensions
• 2021-07-30Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (F2021L01029)
• 2021-09-15Prospective Marriage Visa Automatic Validity Extension