Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 172

Immigration clearance

When a person is immigration cleared

             (1)  A person is immigration cleared if, and only if:

                     (a)  the person:

                              (i)  enters Australia at a port; and

                             (ii)  complies with section 166; and

                            (iii)  leaves the port at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or

                     (b)  the person:

                              (i)  enters Australia otherwise than at a port; and

                             (ii)  complies with section 166; and

                            (iii)  leaves the prescribed place at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or

                   (ba)  the person:

                              (i)  enters Australia by virtue of the operation of section 10; and

                             (ii)  at the time of the person's birth, had at least one parent who was immigration cleared on his or her last entry into Australia; or

                     (c)  the person is refused immigration clearance, or bypasses immigration clearance, and is subsequently granted a substantive visa; or

                     (d)  the person is in a prescribed class of persons.

When a person is in immigration clearance

             (2)  A person is in immigration clearance if the person:

                     (a)  is with an officer or at an authorised system for the purposes of section 166; and

                     (b)  has not been refused immigration clearance.

When a person is refused immigration clearance

             (3)  A person is refused immigration clearance if the person:

                     (a)  is with a clearance officer for the purposes of section 166; and

                     (b)  satisfies one or more of the following subparagraphs:

                              (i)  the person has his or her visa cancelled;

                             (ii)  the person refuses, or is unable, to present to a clearance officer evidence referred to in paragraph 166(1)(a);

                            (iii)  the person refuses, or is unable, to provide to a clearance officer information referred to in paragraph 166(1)(b);

                            (iv)  the person refuses, or is unable, to comply with any requirement referred to in paragraph 166(1)(c) to provide one or more personal identifiers to a clearance officer.

When a person bypasses immigration clearance

             (4)  A person, other than a person who is refused immigration clearance, bypasses immigration clearance if:

                     (a)  the person:

                              (i)  enters Australia at a port; and

                             (ii)  is required to comply with section 166; and

                            (iii)  leaves that port without complying; or

                     (b)  the person:

                              (i)  enters Australia otherwise than at a port; and

                             (ii)  is required to comply with section 166; and

                            (iii)  does not comply within the prescribed period for doing so.



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