Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 195A

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 so, the Minister may grant a person to whom this section applies a visa of a particular class (whether or not the person has applied for the visa).

  (3)   In exercising the power under subsection   (2), the Minister is not bound by Subdivision AA, AC or AF of Division   3 of this Part or by the regulations, but is bound by all other provisions of this Act.

Minister not under duty to consider whether to exercise power

  (4)   The Minister does not have a duty to consider whether to exercise the power under subsection   (2), whether he or she is requested to do so by any person, or in any other circumstances.

Minister to exercise power personally

  (5)   The power under subsection   (2) may only be exercised by the Minister personally.

Tabling of information relating to the granting of visas

  (6)   If the Minister grants a visa under subsection   (2), he or she must cause to be laid before each House of the Parliament a statement that (subject to subsection   (7)):

  (a)   states that the Minister has granted a visa under this section; and

  (b)   sets out the Minister's reasons for granting the visa, referring in particular to the Minister's reasons for thinking that the grant is in the public interest.

  (7)   A statement under subsection   (6) in relation to a decision to grant a visa is not to include:

  (a)   the name of the person to whom the visa is granted; or

  (b)   any information that may identify the person to whom the visa is granted; or

  (c)   if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the grant of the visa--the name of that other person or any information that may identify that other person.

  (8)   A statement under subsection   (6) is to be laid before each House of the Parliament within 15 sitting days of that House after:

  (a)   if the decision to grant the visa is made between 1   January and 30   June (inclusive) in a year--1   July in that year; or

  (b)   if the decision to grant the visa is made between 1   July and 31   December (inclusive) in a year--1   January in the following year.