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

1   Subsection 5(1) (at the end of the definition of transitory person )

Add:

; or (d) the child of a transitory person mentioned in paragraph (aa) or (b), if:

(i) the child was born in a regional processing country to which the parent was taken as mentioned in the relevant paragraph; and

(ii) the child was not an Australian citizen at the time of birth; or

(e) the child of a transitory person mentioned in paragraph (aa) or (b), if:

(i) the child was born in the migration zone; and

(ii) the child was not an Australian citizen at the time of birth.

Note 1: For who is a child, see section 5CA.

Note 2: A transitory person who entered Australia by sea before being taken to a place outside Australia may also be an unauthorised maritime arrival: see section 5AA.

Note 3: Paragraphs (d) and (e) apply no matter when the child was born, whether before, on or after the commencement of those paragraphs. See the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014.