Safe third countries
act-s91D — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

91D Safe third countries
          (1) A country is a safe third country in relation to a non-citizen if:










                 (a) the country is prescribed as a safe third country in relation to
                     the non-citizen, or in relation to a class of persons of which
                     the non-citizen is a member; and
                 (b) the non-citizen has a prescribed connection with the country.
          (2) Without limiting paragraph (1)(b), the regulations may provide that
              a person has a prescribed connection with a country if:
                (a) the person is or was present in the country at a particular time
                    or at any time during a particular period; or
                (b) the person has a right to enter and reside in the country
                    (however that right arose or is expressed).
          (3) The Minister must, within 2 sitting days after a regulation under
              paragraph (1)(a) is laid before a House of the Parliament, cause to
              be laid before that House a statement, covering the country, or each
              of the countries, prescribed as a safe third country by the
              regulation, about:
                (a) the compliance by the country, or each of the countries, with
                    relevant international law concerning the protection of
                    persons seeking asylum; and
                (b) the meeting by the country, or each of the countries, of
                    relevant human rights standards for the persons in relation to
                    whom the country is prescribed as a safe third country; and
                (c) the willingness of the country, or each of the countries, to
                    allow any person in relation to whom the country is
                    prescribed as a safe third country:
                      (i) to go to the country; and
                     (ii) to remain in the country during the period in which any
                          claim by the person for asylum is determined; and
                    (iii) if the person is determined to be a refugee while in the
                          country—to remain in the country until a durable
                          solution relating to the permanent settlement of the
                          person is found.
          (4) A regulation made for the purposes of paragraph (1)(a) ceases to be
              in force at the end of 2 years after the regulation commences.