Section 147 — Migration Act 1958: Commonwealth criminal justice stay certificate

(1) If: (a) an unlawful non-citizen is to be, or is likely to be, removed or deported; and (b) the Minister considers that the non-citizen should remain in Australia temporarily for the purposes of: (i) the Extradition Act 1988; or (ia) the International War Crimes Tribunals Act 1995; or (ib) the International Criminal Court Act 2002; or (ii) the Mutual Assistance in Criminal Matters Act 1987; or (iii) the administration of criminal justice in relation to an offence against a law of the Commonwealth; and (c) the Minister considers that satisfactory arrangements have been made to make sure that the person or organisation who wants the non-citizen for the relevant purposes or the non-citizen or both will meet the cost of keeping the non-citizen in Australia; the Minister may give a certificate that the stay of the non-citizen’s removal or deportation is required for the administration of criminal justice. (2) For the purposes of paragraph (1)(c), the cost of keeping the non-citizen in Australia does not include the cost of immigration detention (if any).