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Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012

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7266

2010-2011-2012

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

 

Migration Legislation Amendment (Regional Processing and Other Measures) Bill 2012

 

 

( 1 )     Schedule 1 , item 25 , page 6 (lines 26 to 29) , omit subsection 198AB ( 2 ), substitute:

             (2)  The only conditions for the exercise of the power under subsection (1) are that the Minister:

                     (a)  thinks that it is in the national interest to designate the country to be a regional processing country; and

                     (b)  is satisfied that the country has in place appropriate protection and welfare arrangements that are consistent with Australia’s, and the country’s, obligations under international law (including the Refugees Convention).

[protection and welfare arrangements]

( 2 )     Schedule 1 , item 25 , page 7 (after line 13) , after subsection 198AB ( 4 ), insert:

          (4A)  For the purposes of subsection (2), the country has in place appropriate protection and welfare arrangements if:

                     (a)  the protection and welfare arrangements in place in the country include arrangements to ensure that a person taken to the country under section 198AD:

                              (i)  will be treated in a manner consistent with human rights standards under international law, including by not being subject to arbitrary detention; and

                             (ii)  will have appropriate accommodation; and

                            (iii)  will have access to appropriate physical and mental health services; and

                            (iv)  will have access to educational and vocational training programs; and

                             (v)  will be provided with assistance in preparing any asylum claim or visa application; and

                            (vi)  in respect of any asylum claim or visa application made by the person, will have access to an appeal mechanism that affords natural justice to the person; and

                     (b)  the protection and welfare arrangements in place in the country are monitored by a body consisting of representatives of Australia and the country.

[protection and welfare arrangements]