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MIGRATION ACT 1958 - SECT 46A

Visa applications by unauthorised maritime arrivals

             (1)  An application for a visa is not a valid application if it is made by an unauthorised maritime arrival who:

                     (a)  is in Australia; and

                     (b)  either:

                              (i)  is an unlawful non-citizen; or

                             (ii)  holds a bridging visa or a temporary protection visa, or a temporary visa of a kind (however described) prescribed for the purposes of this subparagraph.

Note:       Temporary protection visas are provided for by subsection 35A(3).

          (1A)  Subsection (1) does not apply in relation to an application for a visa if:

                     (a)  either:

                              (i)  the applicant holds a safe haven enterprise visa (see subsection 35A(3A)); or

                             (ii)  the applicant is a lawful non-citizen who has ever held a safe haven enterprise visa; and

                     (b)  the application is for a visa prescribed for the purposes of this paragraph; and

                     (c)  the applicant satisfies any employment, educational or social security benefit requirements prescribed in relation to the safe haven enterprise visa for the purposes of this paragraph.

             (2)  If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to an unauthorised maritime arrival, determine that subsection (1) does not apply to an application by the unauthorised maritime arrival for a visa of a class specified in the determination.

          (2A)  A determination under subsection (2) may provide that it has effect only for the period specified in the determination and, if it does so, the determination ceases to have effect at the end of the specified period.

          (2B)  The period specified in a determination may be different for different classes of unauthorised maritime arrivals.

          (2C)  The Minister may, in writing, vary or revoke a determination made under subsection (2) if the Minister thinks that it is in the public interest to do so.

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

             (4)  If the Minister makes, varies or revokes a determination under this section, the Minister must cause to be laid before each House of the Parliament a statement that:

                     (a)  sets out the determination, the determination as varied or the instrument of revocation; and

                     (b)  sets out the reasons for the determination, variation or revocation, referring in particular to the Minister's reasons for thinking that the Minister's actions are in the public interest.

             (5)  A statement under subsection (4) must not include:

                     (a)  the name of the unauthorised maritime arrival; or

                     (b)  any information that may identify the unauthorised maritime arrival; 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 matter concerned--the name of that other person or any information that may identify that other person.

             (6)  A statement under subsection (4) must be laid before each House of the Parliament within 15 sitting days of that House after:

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

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

             (7)  The Minister does not have a duty to consider whether to exercise the power under subsection (2) or (2C) in respect of any unauthorised maritime arrival whether the Minister is requested to do so by the unauthorised maritime arrival or by any other person, or in any other circumstances.



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