Section 191 — Migration Act 1958: End of certain detention

(1) A person detained because of section 190 must be released from immigration detention if: (a) the person gives evidence of his or her identity and Australian citizenship; or (b) an officer knows or reasonably believes that the person is an Australian citizen; or (c) the person complies with section 166 and either: (i) presents to a clearance officer evidence of being a lawful non-citizen; or (ii) is granted a visa. (2) A person detained because of subsection 190(2) must be released from immigration detention if: (a) the person provides to an authorised officer one or more personal identifiers of the type or types prescribed, and the officer is satisfied that the person is not an unlawful non-citizen; or (b) the person gives evidence of his or her identity and Australian citizenship; or (c) an officer knows or reasonably believes that the person is an Australian citizen; or (d) the officer becomes aware that the non-citizen’s visa is not one that may be cancelled under Subdivision C, D, FA or G of Division 3 or section 501, 501A or 501BA.