Section 198AA — Migration Act 1958 (Cth)

This Subdivision is enacted because the Parliament considers that:

(a) people smuggling, and its undesirable consequences including the resulting loss of life at sea, are major regional problems that need to be addressed; and

(b) unauthorised maritime arrivals, including unauthorised maritime arrivals in respect of whom Australia has or may have protection obligations under the Refugees Convention as amended by the Refugees Protocol, should be able to be taken to any country designated to be a regional processing country; and

(c) it is a matter for the Minister and Parliament to decide which countries should be designated as regional processing countries; and

(d) the designation of a country to be a regional processing country need not be determined by reference to the international obligations or domestic law of that country.

Related sections

• s 197E — Relevance of Ministerial intervention powers to removal of unlawful non‑citizens under section 198
• s 198 — Removal from Australia of unlawful non‑citizens
• s 198AAA — Collection, use and disclosure of information to foreign countries
• s 198AB — Regional processing country
• s 198AC — Documents to be laid before Parliament
• s 198AD — Taking unauthorised maritime arrivals to a regional processing country

Research how courts apply s 198AA

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.