Effective protection measures
(1) For the purposes of the application of this Act and the regulations to a particular person, effective protection measures are available to the person in a receiving country if: (a) protection against persecution could be provided to the person by: (i) the relevant State; or (ii) a party or organisation, including an international organisation, that controls the relevant State or a substantial part of the territory of the relevant State; and (b) the relevant State, party or organisation mentioned in paragraph (a) is willing and able to offer such protection. (2) A relevant State, party or organisation mentioned in paragraph (1)(a) is taken to be able to offer protection against persecution to a person if: (a) the person can access the protection; and (b) the protection is durable; and (c) in the case of protection provided by the relevant State—the protection consists of an appropriate criminal law, a reasonably effective police force and an impartial judicial system.
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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