Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 199C

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 application for one or more of the following documents (including doing and providing all things required for the application process by the person or authority to which it is to be submitted):

  (i)   a passport;

  (ii)   a travel - related document within the meaning of the Australian Passports Act 2005 ;

  (iii)   a foreign travel document within the meaning of the Foreign Passports (Law Enforcement and Security) Act 2005 ;

  (b)   complete, sign and submit any other document or form required for, or to facilitate, travel (including doing and providing all things required for submission by the person or authority to which it is to be submitted);

  (c)   provide documents or information to an officer or another person specified in the direction;

  (d)   attend an interview or appointment with an officer or another person specified in the direction;

  (e)   report in person to an officer or another person in accordance with instructions specified in the direction.

  (2)   Without limiting subsection   (1), the Minister may, by written notice given to a removal pathway non - citizen, direct the non - citizen to do a thing, or not do a thing, if the Minister is satisfied that the non - citizen doing, or not doing, the thing is reasonably necessary to:

  (a)   determine whether there is a real prospect of the removal of the non - citizen from Australia under section   198 becoming practicable in the reasonably foreseeable future; or

  (b)   facilitate the removal of the non - citizen from Australia under that section.

Note 1:   For the circumstances in which the Minister must not give a direction under subsection   (1) or (2), see section   199D.

Note 2:   The Minister may give a direction under subsection   (1) or (2) to a removal pathway non - citizen during the period that the non - citizen's removal is not required or authorised under section   198 as a result of the Minister considering whether to exercise a Ministerial intervention power in relation to the non - citizen (see section   197E).

  (3)   The Minister may, by written notice given to a removal pathway non - citizen, revoke a removal pathway direction given to the non - citizen.

Period for compliance

  (4)   A removal pathway direction must specify:

  (a)   the period within which the non - citizen must do a specified thing; or

  (b)   for a direction not to do a specified thing--the period during which the non - citizen must not do the thing.

Consequences of non - compliance

  (5)   A removal pathway direction must state that a non - citizen who refuses or fails to comply with the direction may commit an offence under section   199E.

Interaction with monitoring conditions on certain bridging visas

  (6)   To avoid doubt, if a removal pathway non - citizen covered by paragraph   (b) of the definition of that expression in subsection   5(1) refuses or fails to comply with a removal pathway direction, the refusal or failure does not constitute a failure to comply with a requirement of a monitoring condition (within the meaning of subsection   76B(4)) for the purposes of paragraph   76B(1)(d).

Multiple and concurrent directions

  (7)   A non - citizen may be given more than one removal pathway direction.

  (8)   However, the Minister must not give a removal pathway direction to a non - citizen to do a thing, or not do a thing:

  (a)   that is the subject of a direction previously given by the Minister to the non - citizen; and

  (b)   for which the period specified in the previous direction for the thing has not ended.