Migration Act 1958
Sections and provisions with full text and the judgments that cite each one.
Section 182 — No immigration detention or removal after certain period
(1) Sections 178 and 181 cease to apply to a designated person who was in Australia on 27 April 1992 if the person has been in application immigration detention after commencement for a continuous…
Section 183 — Courts must not release designated persons
A court is not to order the release from immigration detention of a designated person.
Section 185 — Effect of Division on status etc.
(1) This Division does not affect the other status that a designated person has under this Act except so far as the status is inconsistent with section 178, 179, 180, 181 or 183. (2) This Division…
Section 186 — Division applies despite other laws
If this Division is inconsistent with another provision of this Act or with another law in force in Australia, whether written or unwritten, other than the Constitution: (a) this Division applies;…
Section 187 — Evidence
A statement by an officer, on oath or affirmation, that the Department has given a particular person a designation described in paragraph (e) of the definition of designated person in section 177 is…
Section 188 — Lawful non-citizen to give evidence of being so
Officer may require evidence (1) An officer may require a person whom the officer knows or reasonably suspects is a non-citizen to: (a) present to the officer evidence (which might include a personal…
Section 189 — Detention of unlawful non-citizens
(1) If an officer knows or reasonably suspects that a person in the migration zone (other than an excised offshore place) is an unlawful non-citizen, the officer must detain the person. (2) If an…
Section 190 — Non-compliance with immigration clearance or requirement to provide personal identifier
(1) For the purposes of section 189, an officer suspects on reasonable grounds that a person in Australia is an unlawful non-citizen if, but not only if, the officer knows, or suspects on reasonable…
Section 191 — 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…
Section 192 — Detention of visa holders whose visas liable to cancellation
(1) Subject to subsection (2), if an officer knows or reasonably suspects that a non-citizen holds a visa that may be cancelled under Subdivision C, D, FA or G of Division 3 or section 501, 501A or…
Section 193 — Application of law to certain non-citizens while they remain in immigration detention
(1) Sections 194 and 195 do not apply to a person: (a) detained under subsection 189(1): (i) on being refused immigration clearance; or (ii) after bypassing immigration clearance; or (iii) after…
Section 194 — Detainee to be told of consequences of detention
As soon as reasonably practicable after an officer detains a person under section 189, the officer must ensure that the person is made aware of: (a) the provisions of sections 195 and 196; and (b) if…
Section 195 — Detainee may apply for visa
(1) A detainee may apply for a visa: (a) within 2 working days after the day on which section 194 was complied with in relation to his or her detention; or (b) if he or she informs an officer in…
Section 195A — Minister may grant detainee visa (whether or not on application)
Persons to whom section applies (1) This section applies to a person who is in detention under section 189. Minister may grant visa (2) If the Minister thinks that it is in the public interest to do…
Section 196 — Duration of detention
(1) An unlawful non-citizen detained under section 189 must be kept in immigration detention until: (a) he or she is removed from Australia under section 198 or 199; or (aa) an officer begins to deal…
Section 197 — Effect of escape from immigration detention
If a non-citizen: (a) was in immigration detention; and (b) escaped from that detention; and (c) was taken back into that detention; then, for the purposes of sections 194 and 195, the non-citizen is…
Section 197A — Detainees must not escape from detention
A detainee must not escape from immigration detention. Penalty: Imprisonment for 5 years.
Section 197AA — Persons to whom Subdivision applies
This Subdivision applies to a person who is required or permitted by section 189 to be detained, or who is in detention under that section.
Section 197AB — Minister may determine that person is to reside at a specified place rather than being held in detention centre etc.
(1) If the Minister thinks that it is in the public interest to do so, the Minister may make a determination (a residence determination) to the effect that one or more specified persons to whom this…
Section 197B — Manufacture, possession etc. of weapons by detainees
(1) A detainee commits an offence if he or she manufactures, possesses, uses or distributes a weapon. Penalty: Imprisonment for 5 years. (2) In this section: weapon includes: (a) a thing made or…
Section 197AC — Effect of residence determination
Act and regulations apply as if person were in detention in accordance with section 189 (1) While a residence determination is in force, this Act and the regulations apply (subject to subsection (3))…
Section 197C — Relevance of Australia’s non-refoulement obligations to removal of unlawful non-citizens under section 198
(1) For the purposes of section 198, it is irrelevant whether Australia has non-refoulement obligations in respect of an unlawful non-citizen. (2) An officer’s duty to remove as soon as reasonably…
Section 197AD — Revocation or variation of residence determination
(1) If the Minister thinks that it is in the public interest to do so, the Minister may, at any time, revoke or vary a residence determination in any respect (subject to subsection (2)). Note 1: If a…
Section 197D — Decision that protection finding would no longer be made
(1) This section applies in relation to a non-citizen if: (a) the non-citizen is: (i) an unlawful non-citizen; or (ii) a removal pathway non-citizen covered by paragraph (b), (c) or (d) of the…
Section 197AE — Minister not under duty to consider whether to exercise powers
The Minister does not have a duty to consider whether to exercise the power to make, vary or revoke a residence determination, whether he or she is requested to do so by any person, or in any other…
Section 197E — Relevance of Ministerial intervention powers to removal of unlawful non-citizens under section 198
(1) For the purposes of section 198, it is irrelevant whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to an unlawful…
Section 197AF — Minister to exercise powers personally
The power to make, vary or revoke a residence determination may only be exercised by the Minister personally.
Section 197AG — Tabling of information relating to the making of residence determinations
(1) If the Minister makes a residence determination, he or she must cause to be laid before each House of the Parliament a statement that (subject to subsection (2)): (a) states that the Minister has…
Section 198 — Removal from Australia of unlawful non-citizens
Removal on request (1) An officer must remove as soon as reasonably practicable an unlawful non-citizen who asks the Minister, in writing, to be so removed. Removal of transitory persons brought to…
Section 198AA — Reason for Subdivision
This Subdivision is enacted because the Parliament considers that: (a) people smuggling, and its undesirable consequences including the resulting loss of life at sea, are major regional problems that…
Section 198AAA — Collection, use and disclosure of information to foreign countries
(1) The Minister or an officer of the Department may collect, use, or disclose to the government of a foreign country, for a purpose mentioned in subsection (2), information (including personal…
Section 198AHA — Power to take action etc. in relation to arrangement or regional processing functions of a country
(1) This section applies if the Commonwealth enters into an arrangement with a person or body in relation to the regional processing functions of a country. (2) The Commonwealth may do all or any of…
Section 198AHAA — Rules of natural justice do not apply in relation to third country reception arrangements
Entering into third country reception arrangements (1) The rules of natural justice do not apply to an exercise of the executive power of the Commonwealth to: (a) enter into a third country reception…
Section 198AB — Regional processing country
(1) The Minister may, by legislative instrument, designate that a country is a regional processing country. (1A) A legislative instrument under subsection (1): (a) may designate only one country; and…
Section 198AHB — Power to take action etc. in relation to third country reception arrangement
(1) This section applies if the Commonwealth enters into an arrangement (third country reception arrangement) with a foreign country in relation to the removal of non-citizens from Australia and…
Section 198B — Power to bring transitory persons to Australia
(1) An officer may, for a temporary purpose, bring a transitory person to Australia from a country or place outside Australia. (2) The power under subsection (1) includes the power to do any of the…
Section 198AC — Documents to be laid before Parliament
(1) This section applies if the Minister designates a country to be a regional processing country under subsection 198AB(1). (2) The Minister must cause to be laid before each House of the…
Section 198AHC — Relevance of Ministerial intervention powers to transfer of unauthorised maritime arrivals
(1) For the purposes of subsection 198AD(2), it is irrelevant whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to an…
Section 198AD — Taking unauthorised maritime arrivals to a regional processing country
(1) Subject to sections 198AE, 198AF and 198AG, this section applies to an unauthorised maritime arrival who is detained under section 189. Note: For when this section applies to a transitory person,…
Section 198AE — Ministerial determination that section 198AD does not apply
(1) If the Minister thinks that it is in the public interest to do so, the Minister may, in writing, determine that section 198AD does not apply to an unauthorised maritime arrival. Note: For…
Section 198AF — No regional processing country
Section 198AD does not apply to an unauthorised maritime arrival if there is no regional processing country.
Section 198AG — Non-acceptance by regional processing country
Section 198AD does not apply to an unauthorised maritime arrival if the regional processing country, or each regional processing country (if there is more than one such country), has advised an…
Section 198AH — Application of section 198AD to certain transitory persons
(1) Section 198AD applies, subject to sections 198AE, 198AF and 198AG, to a transitory person if, and only if, the person is covered by subsection (1A) or (1B). (1A) A transitory person is covered by…
Section 198AI — Ministerial report
The Minister must, as soon as practicable after 30 June in each year, cause to be laid before each House of Parliament a report setting out: (a) the activities conducted under the Bali Process during…
Section 198AJ — Reports about unauthorised maritime arrivals
(1) The Minister must cause to be laid before each House of the Parliament, within 15 sitting days of that House after the end of a financial year, a report on the following: (a) arrangements made by…
Section 199 — Dependants of removed non-citizens
(1) If: (a) an officer removes, or is about to remove, an unlawful non-citizen; and (b) the spouse or de facto partner of that non-citizen requests an officer to also be removed from Australia; an…
Section 199A — Reason for Subdivision
(1) This Subdivision is enacted because the Parliament expects that a removal pathway non-citizen: (a) will voluntarily leave Australia; and (b) if the non-citizen does not voluntarily leave…
Section 199B — Removal pathway non-citizens—protection findings etc.
(2) To avoid doubt, a removal pathway non-citizen for whom a protection finding has been made within the meaning of subsection 197C(4), (5), (6) or (7): (a) may be given a removal pathway direction…
Section 199C — Minister may give removal pathway directions
Direction powers (1) The Minister may, by written notice given to a removal pathway non-citizen, direct the non-citizen to do one or more of the following things: (a) complete, sign and submit an…
Section 199D — 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…