Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 (135 of 2014)

Schedule 5   Clarifying Australia's international law obligations

Part 3   Contingent amendments

Division 3   Amendments if this Act commences after the Migration Amendment (Regaining Control Over Australia's Protection Obligations) Act 2014

Migration Act 1958

23   Subsection 5(1) (definition of receiving country )

Insert:

receiving country , in relation to a non-citizen, means:

(a) a country of which the non-citizen is a national, to be determined solely by reference to the law of the relevant country; or

(b) if the non-citizen has no country of nationality - a country of his or her former habitual residence, regardless of whether it would be possible to return the non-citizen to the country.