Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 181

Removal from Australia of designated persons

  (1)   An officer must remove a designated person from Australia as soon as practicable if the designated person asks the Minister, in writing, to be removed.

  (2)   An officer must remove a designated person from Australia as soon as practicable if:

  (a)   the person has been in Australia for at least 2 months or, if a longer period is prescribed, at least that prescribed period; and

  (b)   there has not been an entry application for the person.

  (3)   An officer must remove a designated person from Australia as soon as practicable if:

  (a)   there has been an entry application for the person; and

  (b)   the grant of the visa has been refused; and

  (c)   all appeals against, or reviews of, the refusal (if any) have been finalised.

  (4)   If:

  (a)   2 designated persons are liable to be removed from Australia under this section; and

  (b)   they are the parents of another designated person in Australia who is under 18;

the other designated person is to be removed from Australia.

  (5)   If:

  (a)   a designated person is liable to be removed from Australia under this section; and

  (b)   he or she is the only parent in Australia of another designated person in Australia who is under 18;

the other designated person is to be removed from Australia.

  (6)   If:

  (a)   2 designated persons are liable to be removed from Australia under this section; and

  (b)   they have the care and control of another designated person in Australia who:

  (i)   is under 18; and

  (ii)   does not have a parent who is a designated person;

the other designated person is to be removed from Australia.

  (7)   If:

  (a)   a designated person is liable to be removed from Australia under this section; and

  (b)   he or she is the only person who has the care and control of another designated person in Australia who:

  (i)   is under 18; and

  (ii)   does not have a parent who is a designated person;

the other designated person is to be removed from Australia.

  (8)   This section is subject to section   182.



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