Commonwealth Consolidated Acts

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Refugee child

             (1)  A young person is a refugee child if:

                     (a)  the young person is not an adopted child by virtue of an adoption under a law in force in a State or Territory of the Commonwealth; and

                     (b)  the young person has not, at any time, lived in Australia with one or both of his or her parents; and

                     (c)  the young person:

                              (i)  has been granted refugee status by the Australian Government; or

                             (ii)  has, at any time, been admitted into Australia as a refugee by the Australian Government; or

                            (iii)  the young person has been, at any time, admitted into Australia in accordance with the terms of a special humanitarian program of the Australian Government that has been approved by the Minister for the purposes of this definition.

             (2)  An approval of a special humanitarian program for the purposes of subparagraph (1)(c)(iii) may be expressed to have retrospective effect to the date of the establishment of the program.

             (3)  If a young person (other than an adopted child) is a relationship child of a person because he or she is a child of the person, and of another person, within the meaning of the Family Law Act 1975 , the person and the other person are taken to be the young person's only parents for the purposes of this section.

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