PAID PARENTAL LEAVE ACT 2010 - SECT 200H When Secretary must issue departure authorisation certificate

PAID PARENTAL LEAVE ACT 2010 - SECT 200H

  (1)   This section applies if a person makes an application under section   200G for a departure authorisation certificate.

  (2)   The Secretary must issue the departure authorisation certificate if the Secretary is satisfied:

  (a)   that, if the certificate is issued:

  (i)   it is likely that the person will depart from Australia and return to Australia within a period that the Secretary considers appropriate; and

  (ii)   it is likely that, within a period that the Secretary considers appropriate, the Secretary will be required by subsection   200E(1) to revoke the departure prohibition order in respect of the person; and

  (b)   that it is not necessary for the person to give security under section   200J for the person's return to Australia.

  (3)   If the Secretary is not satisfied as mentioned in subsection   (2), the Secretary must issue the departure authorisation certificate if:

  (a)   the person has given security under section   200J for the person's return to Australia; or

  (b)   if the person is unable to give such security, the Secretary is satisfied:

  (i)   that the certificate should be issued on humanitarian grounds; or

  (ii)   that refusing to issue the certificate will be detrimental to Australia's interests.