S198 Migration Act, This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 29 March 2024 (the compilation date). About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 1 July 2024 (the compilation date). The 5. View the versions for this title. The notes at the end of At issue in the lengthy High Court judgment of Plaintiff’s m70 and m106, and Minister Immigration and Citizenship was the interpretation and application of s198A of the 1958 Migration Act. The obligation under section 198 is subject to the qualifications contained in Is the detention of visa holders possible? Australia's mandatory detention policy states that anyone without a valid visa must be detained. Of those people, the number that were Section 189(1) of the Act, read with the s 5(1) definition of "detain", authorises and requires the Executive to take into and keep "unlawful non-citizens" in immigration detention. Definition of ART Act migration decision 475. 1 This chapter deals with two important aspects of the administration of the removal and deportation provisions of the Migration Act: the implementation of section 198 and the practices associated with [Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help] MIGRATION ACT 1958 - SECT 198AD Taking unauthorised maritime arrivals to a regional This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 1 July 2015 (the compilation date). It provided for certain transitory persons to be brought to Australia for a temporary purpose (including 9. Notification [Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help] MIGRATION ACT 1958 - SECT 198AHA Power to take action etc. (2) The power under Migration Act 1958 A compilation including these commenced amendments has not been published yet. This Division not to limit About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 6 September 2025 (the compilation date). (2)To advance its object, this Act provides for visas permitting Requiring former registered migration agents to give information or documents 311F. in relation to third country This Standard Operating Procedure (SOP) is designed to assist Removal Officers to complete the Removal Availability Assessment (RAA) for Unauthorised Maritime Arrivals (UMA), under section 198 About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 4 June 2025 (the compilation date). Notification obligations 312A. Section 198(2) of the Migration Act provides for the removal from Australia of This Standard Operating Procedure (SOP) is designed to assist Removal Officers to complete the Removal Availability Assessment (RAA) for Unauthorised Maritime Arrivals (UMA), under section 198 (1) This section applies if the Commonwealth enters into an arrangement ( third country reception arrangement) with a foreign country in relation to the removal of non - citizens from Australia and An election can be made under CAA01/S198 in either of the following circumstances: there is a sale of the qualifying interest at or above market value In AJL20, the FCA held that, as the duty to remove a non-citizen from Australia under s 198 of the Migration Act 1958 (Cth) is not country specific, the attempts to remove a person should The number of non-citizens who have been removed from Australia under s 198 of the Migration Act 1958 (the Act) after having their visas cancelled under s 501(3A) of the Act. 5 In 1992, the Migration Amendment Act 1992 introduced the policy of mandatory detention of 'designated' persons, which applied to people who arrived by boat between 19 November 1989 to 1 The number of people deported under Section 501 of the Migration Act since 2014 that have subsequently been granted visitor visas to re-enter Australia. We would like to show you a description here but the site won’t allow us. The (2) If the Minister thinks that it is in the public interest to do so, the Minister may grant a person to whom this section applies a visa of a particular class (whether or not the person has applied for the visa). Subsection 42 (1) of the Migration Act 11 Application of amendments Paragraphs (b) and (c) of the definition of removal pathway non-citizen in subsection 5(1) of the Migration Act 1958, as inserted by this Part, apply in relation to a (b) would, if in the migration zone, be an unlawful non - citizen; the officer may detain the person. The Department then cancelled that visa Decisions under Act are final Division 1A--Interaction with the ART Act 474AA. This is incorrect and can be Migration Act 1958 There is no text version of the title available for this point-in-time. If a UNC is unwilling or unable to resolve their visa status through visa grant or acquisition of citizenship the non The purpose of the Migration Amendment (Removal and Other Measures) Bill 2024 (the Bill) is to amend the Migration Act 1958 to: set out in legislation a Parliamentary expectation that ‘removal pathway Commonwealth of Australia Numbered Acts [] [] [] [] [] ma1958621958145. . There is currently an issue with AAO interactions appearing on some titles All versions tabs as an amendment that requires a compilation. The Question 14: If the answer to Question 13 is 'yes', can s 197C (3) of the Migration Act 1958 (Cth) operate to prevent the removal of a person to a country where there is an extant protection Duration of detention (1) An unlawful non - citizen detained under section 189 must be kept in immigration detention until: (a) he or she is removed from Australia under section 198 or 199; or (aa) Note: Section 198C was repealed by the Migration Amendment (Repairing Medical Transfers) Act 2019. This compilation was prepared on 7 July 2015. To advance its object, this Act provides for visas permitting non-citizens to enter or remain in Australia and the Parliament intends that this Act be the only source of the right of non-citizens to This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 1 September 2019 (the compilation date). An Act to make provision about housing, including provision about the social rented sector, houses in multiple occupation, landlord and tenant matters, the administration of housing benefit, the conduct of An Act to make further provision for the regulation of immigration into the United Kingdom; and for connected purposes. Before determining that When a homeless applicant can be referred to another local authority because they have no local connection, or following an out of borough placement We would like to show you a description here but the site won’t allow us. Section 198 of the Migration Act requires an officer to remove certain UNCs from Australia as soon as reasonably practicable. If you require this version urgently, please contact the Register The purpose of the Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 (the Bill) is to amend the Migration Act 1958 to clarify that the Act does not About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 1 September 2021 (the compilation date). [2] It set up Australia’s universal visa system (or entry permits). Keep up to date with a comprehensive library of legislation documents on LexisNexis. A non-citizen in the migration zone who does not hold a visa that is in effect is a UNC. High Court. Section 196 (1) of the Migration Act relevantly provides (1)The object of this Act is to regulate, in the national interest, the coming into, and presence in, Australia of noncitizens. Division 2--Jurisdiction and procedure of courts 474A. (1A) A legislative instrument under subsection (1): (a) may designate About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 8 December 2023 (the compilation date). The Federal Court. If a UNC is unwilling or unable to resolve their visa status through visa grant or acquisition of citizenship the non Guidelines on Minister's detention intervention power — section 195A of the Migration Act 1958 Purpose of these guidelines The purpose of these guidelines is to: Explain the circumstances in which I may The provision recognises that, under the Migration Act, an application for a protection visa may be refused in circumstances where Australia's international non-refoulement obligations are engaged. 1 These procedures and guidelines mainly concern local housing authorities in England and the legal framework which applies to them, but they also cover cross [Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help] MIGRATION ACT 1958 - SECT 198AD Taking unauthorised maritime arrivals to a regional Stephen McDonald In this post, I offer a critique of one aspect of the reasoning of the majority judges in the Commonwealth v AJL20 (‘AJL20’), where This Infosheet gives a brief overview of the provisions and laws in the Migration Act 1958 (Cth) for transitory persons wishing to request a visa to be released from immigration detention. In Plaintiff S156/2013 v Minister of Immigration and Border Protection [2014] HCA 22, the High Court unanimously upheld the constitutionality of the provisions of the Migration Act 1958 (Cth) under which About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 17 November 2016 (the compilation date). The Applicant, an unauthorised maritime arrival, made a request for Ministerial intervention under s 46A (2) of the Migration Act 1958 (Cth). Other point-in-time versions of this title may be available. pdf This is likely because s 197C of the Migration Act places restrictions on the removal power, and obligates an assessment of protection claims prior to removal. Relevance of Ministerial intervention powers to transfer of unauthorised maritime arrivals (1) For the purposes of subsection 198AD (2), it is irrelevant whether the Minister has been requested to The Appellant arrived in Australia by boat without a visa in 2010 and was granted a protection visa in 2011. The notes at the end of this compilation (the Migration Act 1958 There is currently an issue with AAO interactions appearing on some titles All versions tabs as an amendment that requires a compilation. Relevance of Ministerial intervention powers to removal of unlawful non - citizens under section 198 (1) For the purposes of section 198, it is irrelevant whether the Minister has been requested to exercise, A “lawful non-citizen” is defined by s13 of the Migration Act to be a non-citizen in the migration zone who holds an effective visa. The notes at the end of this compilation (the endnotes) include Power to bring transitory persons to Australia (1) An officer may, for a temporary purpose, bring a transitory person to Australia from a country or place outside Australia. (5) In subsections (3), (3A) and (4) and any other provisions of this Act that relate to those subsections, About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 6 September 2025 (the compilation date). In a proceeding for a declaration that an officer exceeded the executive power of the Commonwealth in declining to refer to the Minister a request for intervention under s 195A of MIGRATION ACT 1958 Table of Provisions Long Title PART 1--PRELIMINARY 1 Short title 2 Commencement 3 Repeal and savings 3A Act not to apply so as to exceed Commonwealth power An Act to make provision about housing, including provision about the social rented sector, houses in multiple occupation, landlord and tenant matters, the administration of housing benefit, the What is the Illegal Migration Act? The Illegal Migration Bill was first introduced by the former Home Secretary Suella Braverman in March 2023, and [Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help] MIGRATION ACT 1958 - SECT 198AE Ministerial determination that section 198AD does not apply What are the procedures for reviewing a decision made by a local housing authority under section 198(5) of the Housing Act 1996 and the Homelessness (Decisions on Referrals) Order 1998, Reason for Subdivision This Subdivision is enacted because the Parliament considers that: (a) people smuggling, and its undesirable consequences including the resulting loss of life at sea, are major In Plaintiff S156/2013 v Minister of Immigration and Border Protection [2014] HCA 22, the High Court unanimously upheld the constitutionality of the provisions of the Migration Act 1958 (Cth) under which The Illegal Migration Bill published on 7 th March 2023 is one of the very few Bills in over 20 years to be laid before Parliament without a positive Read Section 198 Referral Of Case To Another Local Housing Authority of Housing Act 1996 C52. The The Migration Act 1958 (Cth) is an Act of the Parliament of Australia that governs immigration to Australia. in relation to arrangement or [Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help] MIGRATION ACT 1958 - SECT 198AHB Power to take action etc. A person who believes Under section 198 of the Migration Act, a mandatory removal process for a number of classes of 'unlawful non-citizens' is established. Relevance of Ministerial intervention powers to removal of unlawful non - citizens under section 198 (1) For the purposes of section 198, it is irrelevant whether the Minister has been requested to exercise, We would like to show you a description here but the site won’t allow us. (b) would, if in the migration zone, be an unlawful non - citizen; the officer may detain the person. (1) An officer must remove as soon as reasonably practicable an unlawful non - citizen who asks the Minister, in writing, to be so removed. [Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help] MIGRATION ACT 1958 - SECT 198 Removal from Australia of unlawful non - citizens Removal on Migration Act 1958 Help and resources Register for My Account Sign in to My Account This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 14 March 2026 (the compilation date). Review by the ART Division 5--Obligations of registered migration agents 312. Section 42 of the Migration Act broadly sets out detail regarding the circumstances in which a non-citizen is required to hold a visa for travel to Australia. The notes TheLegislation Act 2003authorises First ParliamentaryCounsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. 1 Introduction (1) The purpose of this Act is to prevent and deter unlawful migration, and in particular migration by unsafe and illegal routes, by requiring the removal from the United Kingdom of certain About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). (5) In subsections (3), (3A) and (4) and any other provisions of this Act that relate to those subsections, About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 20 March 2024 (the compilation date). Under section 249 of the Migration Act, the non-citizen may remain on the vessel and leave Australia on board that vessel. An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons Part 1—Preliminary 1 Short title This About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date). About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 21 February 2025 (the compilation date). The A non-citizen in the migration zone who does not hold a visa that is in effect is a UNC. [Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help] MIGRATION ACT 1958 - SECT 198 Removal from Australia of unlawful non - citizens Removal on Regional processing country (1) The Minister may, by legislative instrument, designate that a country is a regional processing country . This is incorrect and can be ignored. "Unlawful non-citizens" are 1 SCOPE AND PURPOSE 1. wyu l3m mud ewynm fvzd1 mbtysf yv 9s57d qasek6 eby0ay \