Migration Act 1958

The Minister may, by legislative instrument, designate a country as a removal concern country if the Minister thinks it is in the national interest to designate the country to be a removal concern country.

Before the Minister designates a country under subsection (1), the Minister must consult with:

the Prime Minister; and

the Minister administering the Diplomatic Privileges and Immunities Act 1967.

Before the Minister designates a country under subsection (1), the Minister must have regard to the matters (if any) prescribed by the regulations for the purposes of this subsection.

Neither of the following limits, or otherwise affects, the matters the Minister may consider for the purposes of deciding under subsection (1) whether it is in the national interest to designate a country to be a removal concern country:

the requirement under subsection (2A) that the Minister must have regard to matters (if any) that are prescribed by the regulations for the purposes of that subsection;

the prescription of particular matters by the regulations for the purposes of subsection (2A).

If the Minister designates a country under subsection (1), the Minister may, by legislative instrument, revoke the designation.

The powers under subsections (1) and (3) may only be exercised by the Minister personally.

The rules of natural justice do not apply to the exercise of the power under subsection (1) or (3).

If the Minister designates a country under subsection (1), the Minister must cause to be laid before each House of the Parliament:

a copy of the designation; and

a statement of the Minister’s reasons for thinking it is in the national interest to designate the country to be a removal concern country.

The Minister must comply with subsection (6) within 2 sitting days of each House of the Parliament after the day on which the designation is made.

A failure to comply with subsection (6) or (7) does not affect the validity of the designation.

Unless revoked earlier, the designation is repealed at the end of 3 years after the day on which the designation commences.

In this section, country includes:

a colony, overseas territory or protectorate of a foreign country; and

an overseas territory for the international relations of which a foreign country is responsible.