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MIGRATION ACT 1958 - SECT 36A

Consideration of protection obligations

             (1)  In considering a valid application for a protection visa made by a non-citizen, the Minister must consider and make a record of whether the Minister is satisfied of any of the following:

                     (a)  the non-citizen satisfies the criterion in paragraph 36(2)(a) with respect to a country and also satisfies the criterion in subsection 36(1C);

                     (b)  the non-citizen satisfies the criterion in paragraph 36(2)(aa) with respect to a country;

                     (c)  the non-citizen:

                              (i)  satisfies the criterion in paragraph 36(2)(a) with respect to a country but does not satisfy the criterion in subsection 36(1C); and

                             (ii)  would satisfy the criterion in paragraph 36(2)(aa) with respect to a country except that the non-citizen is a non-citizen mentioned in paragraph 36(2)(a).

             (2)  The Minister must do so:

                     (a)  before deciding whether to grant or refuse to grant the visa; and

                     (b)  before considering whether the non-citizen satisfies any other criteria for the grant of the visa; and

                     (c)  before considering whether the grant of the visa is prevented by any provision of the Act or regulations; and

                     (d)  without regard to subsections 36(2C) and (3).

             (3)  Subsection (1) does not apply if:

                     (a)  the non-citizen (the family applicant ) is a member of the same family unit as another non-citizen (the family visa holder ) who holds a protection visa of the same class as the visa the family applicant is applying for; and

                     (b)  the family applicant's application for a protection visa was made before the family visa holder was granted their visa; and

                     (c)  the family visa holder is a non-citizen mentioned in paragraph 36(2)(a) or (aa).



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