Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SOCIAL SECURITY ACT 1991 - SECT 1247

When Secretary must issue departure authorisation certificate

             (1)  This section applies if a person makes an application under section 1246 for a departure authorisation certificate.

             (2)  The Secretary must issue the departure authorisation certificate if the Secretary is satisfied:

                     (a)  that, if the certificate is issued:

                              (i)  it is likely that the person will depart from Australia and return to Australia within a period that the Secretary considers appropriate; and

                             (ii)  it is likely that, within a period that the Secretary considers appropriate, the Secretary will be required by subsection 1244(1) to revoke the departure prohibition order in respect of the person; and

                     (b)  that it is not necessary for the person to give security under section 1248 for the person's return to Australia.

             (3)  If the Secretary is not satisfied as mentioned in subsection (2), the Secretary must issue the departure authorisation certificate if:

                     (a)  the person has given security under section 1248 for the person's return to Australia; or

                     (b)  if the person is unable to give such security, the Secretary is satisfied:

                              (i)  that the certificate should be issued on humanitarian grounds; or

                             (ii)  that refusing to issue the certificate will be detrimental to Australia's interests.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback