The majority of the provisions in the Bill are consequential or
transitional amendments which flow from Item 4 and Item 6 of Schedule 1.
Item 4 repeals paragraph 36(2)(aa). The purpose of this amendment is to
give effect to the government's policy intention that complementary protection
claims should be considered administratively and not as part of statutory
criterion for the grant of a protection visa.
This paragraph establishes the criterion for the grant of a protection
visa on the grounds of complementary protection. The paragraph provides that a
criterion for a protection visa is that the applicant is a non-citizen in
Australia, in respect of whom the minister is satisfied Australia has
protection obligations because the minister has substantial grounds for
believing that, as a necessary and foreseeable consequence of the non-citizen
being removed from Australia to a receiving country, there is a real risk that
the non-citizen will suffer significant harm. Significant harm is defined in
Item 6 repeals paragraph 36(2)(c) which extends the availability of
protection visas to family members of those found eligible for complementary
protection visas under paragraph 36(2)(aa).
Item 17 repeals and replaces paragraphs 411(1)(c) and 411(1)(d). These
are consequential amendments as a result of the repeal of section 36(2)(aa) by
Item 4. Section 411 of the Migration Act deals with decisions which are
reviewable by the Refugee Review Tribunal (RRT). Decisions relating to
applications for protection visas on the grounds of complementary protection
under section s36(2)(aa) are currently reviewable in the RRT.
Item 18 repeals and replaces paragraphs 500(1)(c). These are
consequential amendments as a result of the repeal of section 36(2)(c) by Item
6. Section 501 of the Migration Act deals with decisions which are reviewable
by the Administrative Appeals Tribunal (AAT). Decisions relating to
applications for protection visas for family members of individuals seeking
complementary protection are currently reviewable in the AAT.
Item 20 sets out the application of the amendments. This item provides
that the amendments would apply to any application for a protection visa made
after the commencement of this Bill, or any application made prior to the
commencement of this Bill, where there has been no primary decision made on
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