Non‑citizen’s responsibility in relation to protection claims
5AAA Non‑citizen’s responsibility in relation to protection claims
This section applies in relation to a non‑citizen who claims to be a person in respect of whom Australia has protection obligations (however arising).
For the purposes of this Act, it is the responsibility of the non‑citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim.
The purposes of this Act include:
the purposes of a regulation or other instrument under this Act; and
the purposes of any administrative process that occurs in relation to:
this Act; or
a regulation or instrument under this Act.
To remove doubt, the Minister does not have any responsibility or obligation to:
specify, or assist in specifying, any particulars of the non‑citizen’s claim; or
establish, or assist in establishing, the claim.
This provision refers to the regulations (a regulation
). Made under this Act:
- Migration (United Nations Security Council Resolutions) Regulations 2007 · under s 504(1)
- Migration Regulations 1994 · under s 504
22 more instruments made under this Act are listed on the Act’s overview.
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