Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 206A

  (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.