EXPLANATORY STATEMENT

Migration Act 1958

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

1. This Instrument is made under subsection 198A(3) of the Migration Act 1958 (‘the Act’).

2.                  Subsection 198A(3) of the Act provides that the Minister may declare in writing that a specified country 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 those 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.

3.                  The instrument operates to declare Malaysia as a specified country under subsection 198A(3) of the Act.

4.                  The purpose of the Instrument is to declare Malaysia as a country to which an offshore entry person may be taken from Australia under subsection 198A(1) of the Act.

NOTE: Subsection 198A(1) of the Act provides that an officer may take an offshore entry person from Australia to a country in respect of which a declaration is in force under subsection (3).

NOTE: Subsection 5(1) of the Act defines “offshore entry person” to mean a person who entered Australia at an excised offshore place after the excision time for that offshore place; and became an unlawful non-citizen because of that entry.