Section 206A — Migration Act 1958: Relevance of Ministerial intervention powers to deportation

(1) For the purposes of: (a) determining whether section 200 applies to a non-citizen; or (b) executing a deportation order in relation to a non-citizen under subsection 206(1); it is irrelevant whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to the non-citizen. (2) Subsection (1) applies whether a request is made by: (a) the non-citizen; or (b) an officer of the Department; or (c) any other person. (3) Subsection (1) applies whether or not a request has been drawn to the Minister’s attention. Temporary suspension of deportation (4) Despite subsection (1), if the Minister decides to consider whether to exercise a Ministerial intervention power (whether on request or otherwise) in relation to a non-citizen, the Minister must not order the deportation of the non-citizen, and the non-citizen must not be deported, during the period covered by subsection (5). Period during which deportation is suspended (5) For the purposes of subsection (4), the period is 6 months starting on the day (the start day) the Minister decides to consider whether to exercise the Ministerial intervention power in relation to the non-citizen, unless: (a) before the end of that 6 month period, the non-citizen has agreed, in writing, to a day occurring after the end of that 6 month period nominated, in writing, by the Minister—in which case the period ends on the agreed day (subject to paragraph (b)); or (b) the period ends earlier under subsection (6). (6) For the purposes of paragraph (5)(b), the period ends at the earlier of the following times: (a) the end of the day the Minister decides not to exercise the power in relation to the non-citizen; (b) the end of the day the Minister decides to stop considering whether to exercise the power in relation to the non-citizen; (c) if the Minister exercises the power in relation to the non-citizen, and subsection (7) specifies a day—the end of that day; (d) if the Minister exercises the power in relation to the non-citizen but the exercise does not result in the non-citizen being able to make a visa application—the end of the day that the Minister exercises the power. (7) For the purposes of paragraph (6)(c), this subsection specifies the following days: (a) in a case where, as a consequence of the exercise of the Ministerial intervention power, the non-citizen may make a visa application within a specified period—the last day of the period in which the non-citizen could make the visa application; (b) in any other case where, as a consequence of the exercise of the power, the non-citizen may make a visa application—whichever of the following days occurs first: (i) the last day of the period determined by the Minister in which the non-citizen could make the visa application; (ii) the day that is 3 months after the Minister exercises the power.