Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 91A — Reason for Subdivision
This Subdivision is enacted because the Parliament considers that certain non-citizens who are covered by the CPA, or in relation to whom there is a safe third country, should not be allowed to apply…
Section 91WA — Providing bogus documents or destroying identity documents
(1) The Minister must refuse to grant a protection visa to an applicant for a protection visa if: (a) the applicant provides a bogus document as evidence of the applicant’s identity, nationality or…
Section 91B — Interpretation
(1) In this Subdivision: agreement includes a written arrangement or understanding, whether or not binding. CPA means the Comprehensive Plan of Action approved by the International Conference on…
Section 91WB — Application for protection visa by member of same family unit
(1) This section applies to a non-citizen in Australia (the family applicant): (a) who applies for a protection visa; and (b) who is a member of the same family unit as a person (the family visa…
Section 91C — Non-citizens covered by Subdivision
(1) This Subdivision applies to a non-citizen at a particular time if: (a) the non-citizen is in Australia at that time; and (b) at that time, the non-citizen is covered by: (i) the CPA; or (ii) an…
Section 91D — Safe third countries
(1) A country is a safe third country in relation to a non-citizen if: (a) the country is prescribed as a safe third country in relation to the non-citizen, or in relation to a class of persons of…
Section 91E — Non-citizens to which this Subdivision applies unable to make valid applications for certain visas
Despite any other provision of this Act, if this Subdivision applies to a non-citizen at a particular time and, at that time, the non-citizen applies, or purports to apply, for a protection visa…
Section 91F — Minister may determine that section 91E does not apply to non-citizen
(1) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non-citizen, determine: (a) that section 91E does not apply to an…
Section 91G — Applications made before regulations take effect
(1) Subject to section 91F and subsection (3), if: (a) this Subdivision applies to a non-citizen immediately after a regulation prescribing a country as a safe third country takes effect and did not…
Section 91H — Reason for this Subdivision
This Subdivision is enacted because the Parliament considers that a non-citizen (other than an unauthorised maritime arrival or a transitory person) who holds a temporary safe haven visa, or who has…
Section 91J — Non-citizens to whom this Subdivision applies
(1) This Subdivision applies to a non-citizen in Australia at a particular time if, at that time, the non-citizen: (a) holds a temporary safe haven visa; or (b) has not left Australia since ceasing…
Section 91K — Non-citizens to whom this Subdivision applies are unable to make valid applications for certain visas
Despite any other provision of this Act but subject to section 91L, if this Subdivision applies to a non-citizen at a particular time and, at that time, the non-citizen applies, or purports to apply,…
Section 91L — Minister may determine that section 91K does not apply to a non-citizen
(1) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non-citizen, determine that section 91K does not apply to an…
Section 91V — Verification of information
Applicant for protection visa (1) If an applicant for a protection visa has given information to the Minister or an officer in, or in connection with, the application for the visa, the Minister or an…
Section 91W — Evidence of identity and bogus documents
(1) The Minister or an officer may, either orally or in writing, request an applicant for a protection visa to produce, for inspection by the Minister or the officer, documentary evidence of the…
Section 91X — Names of applicants for protection visas not to be published by the High Court, Federal Court or Federal Circuit and Family Court of Australia (Division 2)
(1) This section applies to a proceeding before the High Court, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) if the proceeding relates to a person in the…
Section 92 — Operation of Subdivision
This Subdivision has effect where one of the prescribed criteria in relation to a visa of a particular class is the criterion that the applicant receives the qualifying score when assessed as…
Section 93 — Determination of applicant’s score
(1) The Minister shall make an assessment by giving the applicant the prescribed number of points for each prescribed qualification that is satisfied in relation to the applicant. (2) In this…
Section 94 — Initial application of “points” system
(1) An applicant whose assessed score is more than or equal to the applicable pass mark at the time when the score is assessed is taken to have received the qualifying score. (2) An applicant whose…
Section 95 — Applications in pool
When section applies (1) This section applies if the Minister puts an application into a pool. How applications to be dealt with (2) If, within 12 months after the assessment of the applicant’s…
Section 95A — Extension of period in pool
(1) This section applies to an application that: (a) is in the pool at the commencement of this section; or (b) is put in the pool after that commencement. (2) Section 95 has effect in relation to…
Section 96 — Minister may set pool mark and pass mark
(1) The Minister may, from time to time, by notice in the Gazette, specify, in relation to a class of visas, the pool mark for the purposes of this Act and the regulations. (2) The Minister may, from…
Section 97 — Interpretation
In this Subdivision: application form, in relation to a non-citizen, means a form on which a non-citizen applies for a visa, being a form that regulations made for the purposes of section 46 allow to…
Section 97A — Exhaustive statement of natural justice hearing rule
(1) This Subdivision is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters it deals with. (2) Sections 494A to 494D, in so far as…
Section 98 — Completion of visa application
A non-citizen who does not fill in his or her application form or passenger card is taken to do so if he or she causes it to be filled in or if it is otherwise filled in on his or her behalf.
Section 99 — Information is answer
Any information that a non-citizen gives or provides, causes to be given or provided, or that is given or provided on his or her behalf, to the Minister, an officer, an authorised system, a person or…
Section 100 — Incorrect answers
For the purposes of this Subdivision, an answer to a question is incorrect even though the person who gave or provided the answer, or caused the answer to be given or provided, did not know that it…
Section 101 — Visa applications to be correct
A non-citizen must fill in or complete his or her application form in such a way that: (a) all questions on it are answered; and (b) no incorrect answers are given or provided.
Section 102 — Passenger cards to be correct
A non-citizen must fill in his or her passenger card in such a way that: (a) all questions on it are answered; and (b) no incorrect answers are given.
Section 103 — Bogus documents not to be given etc.
A non-citizen must not give, present, produce or provide to an officer, an authorised system, the Minister or the ART performing a function or purpose under this Act, a bogus document or cause such a…
Section 104 — Changes in circumstances to be notified
(1) If circumstances change so that an answer to a question on a non-citizen’s application form or an answer under this section is incorrect in the new circumstances, he or she must, as soon as…
Section 105 — Particulars of incorrect answers to be given
(1) If a non-citizen becomes aware that: (a) an answer given or provided in his or her application form; or (b) an answer given in his or her passenger card; or (c) information given by him or her…
Section 106 — Obligations to give etc. information is not affected by other sources of information
The requirement for a non-citizen to comply with sections 101, 102, 103, 104 and 105, is not removed or otherwise affected by the fact that the Minister or an officer had, or had access to: (a) any…
Section 107 — Notice of incorrect applications
(1) If the Minister considers that the holder of a visa who has been immigration cleared (whether or not because of that visa) did not comply with section 101, 102, 103, 104 or 105 or with subsection…
Section 107A — Possible non-compliances in connection with a previous visa may be grounds for cancellation of current visa
The possible non-compliances that: (a) may be specified in a notice by the Minister under section 107 to a person who is the holder of a visa; and (b) if so specified, can constitute a ground for the…
Section 108 — Decision about non-compliance
The Minister is to: (a) consider any response given by a visa holder in the way required by paragraph 107(1)(b); and (b) decide whether there was non-compliance by the visa holder in the way…
Section 109 — Cancellation of visa if information incorrect
(1) The Minister, after: (a) deciding under section 108 that there was non-compliance by the holder of a visa; and (b) considering any response to the notice about the non-compliance given in a way…
Section 110 — Cancellation provisions apply whatever source of knowledge of non-compliance
To avoid doubt, sections 107, 108 and 109 apply whether or not the Minister became aware of the non-compliance because of information given by the holder.
Section 111 — Cancellation provisions apply whether or not non-compliance deliberate
To avoid doubt, sections 107, 108 and 109 apply whether the non-compliance was deliberate or inadvertent.
Section 112 — Action because of one non-compliance does not prevent action because of other non-compliance
(1) A notice under section 107 to a person because of an instance of possible non-compliance does not prevent another notice under that section to that person because of another instance of possible…
Section 113 — No cancellation if full disclosure
If the holder of a visa who has been immigration cleared complied with sections 101, 102, 103, 104 and 105 in relation to the visa, it cannot be cancelled under this Subdivision because of any matter…
Section 114 — Effect of setting aside decision to cancel visa
(1) If the Federal Court, the Federal Circuit and Family Court of Australia (Division 2) or the ART sets aside a decision under section 109 to cancel a person’s visa, the visa is taken never to have…
Section 115 — Application of Subdivision
(1) This Subdivision applies to: (a) applications for visas made; and (b) passenger cards filled in; on or after 1 September 1994. (2) This Subdivision, other than sections 101 and 102, applies to:…
Section 116 — Power to cancel
(1) Subject to subsections (2) and (3), the Minister may cancel a visa if he or she is satisfied that: (a) the decision to grant the visa was based, wholly or partly, on a particular fact or…
Section 117 — When visa may be cancelled
(1) Subject to subsection (2), a visa held by a non-citizen may be cancelled under subsection 116(1), (1AA), (1AB) or (1AC): (a) before the non-citizen enters Australia; or (b) when the non-citizen…
Section 118 — Cancellation powers do not limit or affect each other
The powers to cancel a visa under: (a) section 109 (incorrect information); or (b) section 116 (general power to cancel); or (c) section 128 (when holder outside Australia); or (ca) section 133A…
Section 118A — Exhaustive statement of natural justice hearing rule
(1) This Subdivision is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to the matters it deals with. (2) Sections 494A to 494D, in so far as…
Section 119 — Notice of proposed cancellation
(1) Subject to Subdivision F (non-citizens outside Australia), if the Minister is considering cancelling a visa, whether its holder is in or outside Australia, under section 116, the Minister must,…
Section 120 — Certain information must be given to visa holder
(1) In this section, relevant information means information (other than non-disclosable information) that the Minister considers: (a) would be the reason, or a part of the reason, for cancelling a…
Section 121 — Invitation to give comments etc.
(1) An invitation under paragraph 119(1)(b) or 120(2)(c) is to specify whether the response to the invitation may be given: (a) in writing; or (b) at an interview between the holder and an officer;…