The Migration Amendment (Complementary Protection and Other Measures) Bill 2015 was read for the second time in the House of Representatives by Minister Dutton today.
This Bill provides a narrower interpretation of the concept of the ‘real risk of significant harm’ (the risk) to be used for deciding whether Australia’s international non-refoulement obligations are activated.
Under the new interpretation:
The person must ‘personally’ face the risk, it cannot be a generalised risk such as mass violation of human rights within the country
The risk must extend to all areas of a receiving country
If a person can relocate to a safer part of that country they do not face the risk
Consideration must be given to whether the person can safely and legally travel within that country to the safer location
If effective protection measures are available to the person in that country they do not face the risk
If the person could modify their behaviour to mitigate the risk, they do not face the risk. This modification cannot be required for behaviours that are innate, immutable or fundamental to the person’s identity or conscience are excluded
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