Commonwealth Consolidated Acts

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

MIGRATION ACT 1958 - SECT 192

Detention of visa holders whose visas liable to cancellation

             (1)  Subject to subsection (2), if an officer knows or reasonably suspects that a non-citizen holds a visa that may be cancelled under Subdivision C, D, FA or G of Division 3 or section 501, 501A or 501BA, the officer may detain the non-citizen.

             (2)  An officer must not detain an immigration cleared non-citizen under subsection (1) unless the officer reasonably suspects that if the non-citizen is not detained, the non-citizen would:

                     (a)  attempt to evade the officer and other officers; or

                     (b)  otherwise not co-operate with officers in their inquiries about the non-citizen's visa and matters relating to the visa.

             (3)  An officer may question a non-citizen detained because of this section about the visa and matters relevant to the visa.

             (4)  A non-citizen detained under subsection (1) must be released from questioning detention if the officer becomes aware that the non-citizen's visa is not one that may be cancelled under Subdivision C, D, FA or G of Division 3 or section 501, 501A or 501BA.

             (5)  A non-citizen detained under subsection (1) must be released from detention within 4 hours after being detained, unless the non-citizen is detained under section 189 because of subsection 190(2).

             (6)  If the non-citizen has been detained because of subsection (1) more than once in any period of 48 hours, the 4 hours provided for by subsection (5) is reduced by so much of the earlier period of detention as occurred within that 48 hours.

             (7)  In finding out whether 4 hours have passed since a non-citizen was detained, the following times are to be disregarded:

                     (a)  if the detainee is detained at a place that is inappropriate for questioning the detainee, the time that is reasonably required to take the detainee from that place to the nearest place that is appropriate;

                     (b)  any time during which the questioning is suspended or delayed to allow the detainee, or someone else on the detainee's behalf, to communicate with a legal practitioner, friend, relative, guardian, interpreter or consular representative of the country of which the detainee is a citizen;

                     (c)  any time during which the questioning is suspended or delayed to allow a person so communicated with or an interpreter required by an officer to arrive at the place where the questioning is to take place;

                     (d)  any time during which the questioning is suspended or delayed to allow the detainee to receive medical attention;

                     (e)  any time during which the questioning is suspended or delayed because of the detainee's intoxication;

                      (f)  any reasonable time during which the questioning is suspended or delayed to allow the detainee to rest or recuperate.

Note:          Section 5G may be relevant for determining relationships for the purposes of paragraph (7)(b).

             (8)  In paragraph (7)(b), guardian includes a person who is responsible, under a parenting order (within the meaning of the Family Law Act 1975 ), for the detainee's long-term care, welfare and development.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback