Migration Act 1958

The rules of natural justice do not apply to an exercise of the executive power of the Commonwealth to:

enter into a third country reception arrangement with a foreign country; or

do anything preparatory to entering into a third country reception arrangement with a foreign country.

The following are examples of things that are preparatory to entering into a third country reception arrangement with a foreign country:

drafting the arrangement;

negotiating and settling the terms of the arrangement with the foreign country;

providing information to the foreign country about non‑citizens who may be transferred to the foreign country under the arrangement (whether or not those non‑citizens are of a kind mentioned in subsection 198AAA(1));

adopting the arrangement.

The rules of natural justice do not apply to the doing of a thing in relation to a third country reception arrangement with a foreign country, including in relation to the third country reception functions of a foreign country.

The following are examples of things done in relation to a third country reception arrangement with a foreign country or the third country reception functions of a foreign country:

the things mentioned in subsection 198AHB(2);

an officer of the Department applying for a non‑citizen to be granted permission by a foreign country to enter and remain in that country for the purposes of section 76AAA.

For the purposes of subsection (2), it does not matter whether:

the Commonwealth does the thing by exercising its executive power; or

any of the following do the thing by exercising statutory power under a provision of this Act:

the Commonwealth;

the Minister, or a delegate of the Minister;

an officer of the Department.

In this section: