Section 172 — Migration Act 1958: Immigration clearance

When a person is immigration cleared (1) A person is immigration cleared if, and only if: (a) the person: (i) enters Australia at a port; and (ii) complies with section 166; and (iii) leaves the port at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or (b) the person: (i) enters Australia otherwise than at a port; and (ii) complies with section 166; and (iii) leaves the prescribed place at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or (ba) the person: (i) enters Australia by virtue of the operation of section 10; and (ii) at the time of the person’s birth, had at least one parent who was immigration cleared on his or her last entry into Australia; or (c) the person is refused immigration clearance, or bypasses immigration clearance, and is subsequently granted a substantive visa; or (d) the person is in a prescribed class of persons. When a person is in immigration clearance (2) A person is in immigration clearance if the person: (a) is with an officer or at an authorised system for the purposes of section 166; and (b) has not been refused immigration clearance. When a person is refused immigration clearance (3) A person is refused immigration clearance if the person: (a) is with a clearance officer for the purposes of section 166; and (b) satisfies one or more of the following subparagraphs: (i) the person has his or her visa cancelled; (ii) the person refuses, or is unable, to present to a clearance officer evidence referred to in paragraph 166(1)(a); (iii) the person refuses, or is unable, to provide to a clearance officer information referred to in paragraph 166(1)(b); (iv) the person refuses, or is unable, to comply with any requirement referred to in paragraph 166(1)(c) to provide one or more personal identifiers to a clearance officer. When a person bypasses immigration clearance (4) A person, other than a person who is refused immigration clearance, bypasses immigration clearance if: (a) the person: (i) enters Australia at a port; and (ii) is required to comply with section 166; and (iii) leaves that port without complying; or (b) the person: (i) enters Australia otherwise than at a port; and (ii) is required to comply with section 166; and (iii) does not comply within the prescribed period for doing so.