Select Legislative Instrument No. 182, 2014 – F2014L01617 – Migration Amendment (Complementary Protection) Regulation 2014 has been released in readiness for changes expected to be made if the Migration Amendment (Protection and Other Measures) Bill 2014 is passed.
The Migration Amendment (Protection and Other Measures) Bill 2014 will clarify the ‘risk threshold test’ to applied when assessing protection visa applications based on Australia’s protection obligations under the International Covenant on Civil and Political Rights (the ICCPR) and the Convention againstTorture and other Cruel, Inhuman or Degrading Treatment or Punishment (the CAT).
The Amendment intends to clarify that the threshold applied when assessing claims will be whether or not the person is ‘more likely than not‘ to suffer significant harm if they are removed from Australia to a receiving country.
These Regulations will come into effect only if the Bill is passed.
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