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MIGRATION ACT 1958 - SECT 72 Interpretation

MIGRATION ACT 1958 - SECT 72

Interpretation

  (1)   In this Subdivision:

"eligible non-citizen" means a non - citizen who:

  (a)   has been immigration cleared; or

  (b)   is in a prescribed class of persons; or

  (c)   the Minister has determined to be an eligible non - citizen.

  (2)   The Minister may make a determination under paragraph   (1)(c) that a non - citizen is an eligible non - citizen if:

  (a)   the non - citizen was an unlawful non - citizen when he or she entered the migration zone; and

  (b)   the non - citizen made a valid application for a protection visa after he or she arrived in Australia; and

  (c)   the non - citizen has been in immigration detention for a period of more than 6 months after the application for a protection visa was made; and

  (d)   the Minister has not made a primary decision in relation to the application for a protection visa; and

  (e)   the Minister thinks that the determination would be in the public interest.

  (3)   The power to make a determination under paragraph   (1)(c) may only be exercised by the Minister personally.

  (4)   If the Minister makes a determination under paragraph   (1)(c), he or she is to cause to be laid before each House of the Parliament a statement that:

  (a)   sets out the determination; and

  (b)   sets out the reasons for the determination, referring in particular to the Minister's reasons for thinking that his or her actions are in the public interest.

  (5)   A statement made under subsection   (4) is not to include:

  (a)   the name of any non - citizen who is the subject of the determination; or

  (b)   any information that may identify the non - citizen; or

  (c)   if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned--the name of that other person, or any information that may identify the person.

  (6)   A statement under subsection   (4) is to be laid before each House of the Parliament within 15 sitting days of that House after:

  (a)   if the determination is made between 1   January and 30   June (inclusive) in a year--1   July in that year; or

  (b)   if the determination is made between 1   July and 31   December (inclusive) in a year--1   January in the following year.

  (7)   The Minister does not have a duty to consider whether to make a determination under paragraph   (1)(c) in respect of any non - citizen, whether he or she is requested to do so by the non - citizen or any other person, or in any other circumstances.

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