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StatuteMigration Act 1958

Section 181 — Migration Act 1958: Removal from Australia of designated persons

Text of the provision Official document

(1) An officer must remove a designated person from Australia as soon as practicable if the designated person asks the Minister, in writing, to be removed. (2) An officer must remove a designated person from Australia as soon as practicable if: (a) the person has been in Australia for at least 2 months or, if a longer period is prescribed, at least that prescribed period; and (b) there has not been an entry application for the person. (3) An officer must remove a designated person from Australia as soon as practicable if: (a) there has been an entry application for the person; and (b) the grant of the visa has been refused; and (c) all appeals against, or reviews of, the refusal (if any) have been finalised. (4) If: (a) 2 designated persons are liable to be removed from Australia under this section; and (b) they are the parents of another designated person in Australia who is under 18; the other designated person is to be removed from Australia. (5) If: (a) a designated person is liable to be removed from Australia under this section; and (b) he or she is the only parent in Australia of another designated person in Australia who is under 18; the other designated person is to be removed from Australia. (6) If: (a) 2 designated persons are liable to be removed from Australia under this section; and (b) they have the care and control of another designated person in Australia who: (i) is under 18; and (ii) does not have a parent who is a designated person; the other designated person is to be removed from Australia. (7) If: (a) a designated person is liable to be removed from Australia under this section; and (b) he or she is the only person who has the care and control of another designated person in Australia who: (i) is under 18; and (ii) does not have a parent who is a designated person; the other designated person is to be removed from Australia. (8) This section is subject to section 182.

Official source: Federal Register of Legislation

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Statutory text from an official public source. Informational content — does not replace advice from a qualified legal practitioner.