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

Schedule 6   Unauthorised maritime arrivals and transitory persons: newborn children

Part 1   Amendments

Migration Act 1958

2   After subsection 5AA(1)

Insert:

(1A) For the purposes of this Act, a person is also an unauthorised maritime arrival if:

(a) the person is born in the migration zone; and

(b) a parent of the person is, at the time of the person's birth, an unauthorised maritime arrival because of subsection (1) (no matter where that parent is at the time of the birth); and

(c) the person is not an Australian citizen at the time of birth.

Note 1: For who is a parent of a person, see the definition in subsection 5(1) and section 5CA.

Note 2: A parent of the person may be an unauthorised maritime arrival even if the parent holds, or has held, a visa.

Note 3: A person to whom this subsection applies is an unauthorised maritime arrival even if the person is taken to have been granted a visa because of section 78 (which deals with the birth in Australia of non-citizens).

Note 4: For when a person is an Australian citizen at the time of his or her birth, see section 12 of the Australian Citizenship Act 2007.

Note 5: This subsection applies even if the person was born before the commencement of the subsection. See the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014.

(1AA) For the purposes of this Act, a person is also an unauthorised maritime arrival if:

(a) the person is born in a regional processing country; and

(b) a parent of the person is, at the time of the person's birth, an unauthorised maritime arrival because of subsection (1) (no matter where that parent is at the time of the birth); and

(c) the person is not an Australian citizen at the time of his or her birth.

Note 1: A parent of the person may be an unauthorised maritime arrival even if the parent holds, or has held, a visa.

Note 2: This Act may apply as mentioned in subsection (1AA) even if either or both parents of the person holds a visa, or is an Australian citizen or a citizen of the regional processing country, at the time of the person's birth.

Note 3: This subsection applies even if the person was born before the commencement of the subsection. See the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014.