Section 199D — Migration Act 1958: Circumstances in which Minister must not give a removal pathway direction

Non-citizens subject to a protection finding (1) The Minister must not give a removal pathway direction to a removal pathway non-citizen to do, or not do, a thing in relation to a particular country if: (a) in the case of an unlawful non-citizen—the non-citizen cannot be removed to that country because of subsection 197C(3); or (b) in the case of a lawful non-citizen—the non-citizen could not be removed to that country because of that subsection if the non-citizen were an unlawful non-citizen. Non-citizens who have applied for protection visas (2) The Minister must not give a removal pathway direction to a removal pathway non-citizen if: (a) the non-citizen has made a valid application for a protection visa; and (b) the application is not yet finally determined. Interaction with monitoring conditions on certain bridging visas (3) The Minister must not give a removal pathway direction to a removal pathway non-citizen if all of the following apply: (a) the non-citizen holds a Subclass 070 (Bridging (Removal Pending)) visa; (b) the visa is subject to a monitoring condition (within the meaning of subsection 76B(4)); (c) an instruction or specification under the monitoring condition has been given to the non-citizen; (d) the direction would require the non-citizen to do, or not do, a thing that is substantially the same as the instruction or specification; (e) the Minister has not, in writing: (i) withdrawn the instruction or specification; or (ii) confirmed that the instruction or specification has been complied with. Children (4) The Minister must not give a removal pathway direction to a removal pathway non-citizen if the non-citizen is a child under 18. (5) However, if the parent or guardian of the child is a removal pathway non-citizen, the Minister may give a removal pathway direction in relation to the child to the parent or guardian. Court or tribunal proceedings etc. (6) The Minister must not give a removal pathway direction to a removal pathway non-citizen directing the non-citizen: (a) not to commence, or to discontinue, court or tribunal proceedings; or (b) to take or not take particular steps in the conduct of such proceedings; or (c) not to make a visa application under this Act; or (d) to withdraw a visa application made under this Act.