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From 5 December 2008, the Migration Regulations 1994 will be amended to extend, for a further 2 year period, the operation of the Memorandum of Understanding signed on 25 January 1995 between Australia and the People's Republic of China ( PRC), on the basis of which the PRC is prescribed as a 'safe third country' in respect of Vietnamese refugees settled in the PRC since 1979 and who arrived in Australia unlawfully after 1 January 1996.

From 2008 On 5 December 1994, the Immigration Regulations 1994 will be amended, expanded and operated for a further 2-year period in accordance with the Memorandum of Understanding signed on 25 January 1995 between Australia and the People's Republic of China (Mainland), in accordance with these Provides that the People's Republic of China is a 'safe third country' in respect of Vietnamese refugees residing in the People's Republic of China since 1979, who arrived in Australia illegally after 1 January 1996.