country concerned means the country or countries in which the circumstances exist that give rise to the grant of temporary safe haven visas.

4 Paragraph 46(1)(d)

5 Subparagraph 65(1)(a)(iii)

6 Subdivision AI of Division 3 of Part 2 (heading)

Subdivision AI—Safe third countries

7 After Subdivision AI of Division 3 of Part 2

Subdivision AJ—Temporary safe haven visas

This Subdivision is enacted because the Parliament considers that a non-citizen who holds a temporary safe haven visa, or who has not left Australia since ceasing to hold such a visa, should not be allowed to apply for a visa other than another temporary safe haven visa. Any such non-citizen who ceases to hold a visa will be subject to removal under Division 8.

Note: For temporary safe haven visas, see section 37A.

91J Non-citizens to whom this Subdivision applies

This Subdivision applies to a non-citizen in Australia at a particular time if, at that time, the non-citizen:

(a)

holds a temporary safe haven visa; or

(b)

has not left Australia since ceasing to hold a temporary safe haven visa.

Despite any other provision of this Act but subject to section 91L, if this Subdivision applies to a non-citizen at a particular time and, at that time, the non-citizen applies, or purports to apply, for a visa (other than a temporary safe haven visa), then that application is not a valid application.

(1)

If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non-citizen, determine that section 91K does not apply to an application for a visa made by the non-citizen in the period starting when the notice is given and ending at the end of the seventh working day after the day that the notice is given.

(2)

The power under subsection (1) may only be exercised by the Minister personally.

(3)

If the Minister makes a determination under subsection (1), 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.

(4)

A statement under subsection (3) is not to include:

(a)

the name of the non-citizen; 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 that other person.

(5)

A statement under subsection (3) 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.

(6)

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

8 After paragraph 118(e)

(ea)

section 500A (refusal or cancellation of temporary safe haven visas); or

9 At the end of section 198

(8)

An officer must remove as soon as reasonably practicable an unlawful non-citizen if:

(a)

the non-citizen is a detainee; and

(b)

Subdivision AJ of Division 3 of this Part applies to the non-citizen; and

(c)

either:

(i)

the Minister has not given a notice under subsection 91L(1) to the non-citizen; or

(ii)

the Minister has given such a notice but the period mentioned in that subsection has ended and the non-citizen has not, during that period, made a valid application for a substantive visa that can be granted when the applicant is in the migration zone.

10 Section 337 (at the end of the definition of Part 5 reviewable decision )

11 At the end of subsection 338(1)

; or (c) the decision is to refuse to grant, or to cancel, a temporary safe haven visa.

12 After paragraph 475(2)(d)

(da)

a decision of the Minister not to exercise, or not to consider the exercise of, his or her power to extend the visa period of a temporary safe haven visa under subsection 37A(2);

(db)

a decision of the Minister to shorten the visa period of a temporary safe haven visa under subsection 37A(3);

13 Paragraph 475(2)(e)

14 After section 500

500A Refusal or cancellation of temporary safe haven visas

Refusal or cancellation of temporary safe haven visas

(1)

The Minister may refuse to grant to a person a temporary safe haven visa, or may cancel a person's temporary safe haven visa if, in the Minister's opinion:

(a)

the person has or has had an association with someone else, or with a group or organisation, whom the Minister reasonably suspects has been or is involved in criminal conduct; or

(b)

having regard to either or both of the following:

(i)

the person's past and present criminal conduct;

(ii)

the person's past and present general conduct;

the person is not of good character; or

(c)

in the event the person were allowed to enter or to remain in Australia, there is a significant risk that the person would:

(i)

engage in criminal conduct in Australia; or

(ii)

harass, molest, intimidate or stalk another person in Australia (see subsection (2)); or

(iii)

vilify a segment of the Australian community; or

(iv)

incite discord in the Australian community or in a segment of that community; or

(v)

represent a danger to the Australian community or to a segment of that community, whether by way of being liable to become involved in activities that are disruptive to, or in violence threatening harm to, that community or segment, or in any other way; or

(d)

the person is a threat to national security; or

(e)

the person's presence in Australia would prejudice Australia's international relations.

(2)

For the purposes of subsection (1), conduct may amount to harassment or molestation of a person even though:

(a)

it does not involve violence, or threatened violence, to the person; or

(b)

it consists only of damage, or threatened damage, to property belonging to, in the possession of, or used by, the person.

Refusal or cancellation of temporary safe haven visas

(3)

The Minister may refuse to grant to a person a temporary safe haven visa, or may cancel a person's temporary safe haven visa if:

(a)

the person has been sentenced to death (see subsection (4)); or

(b)

the person has been sentenced to imprisonment for life (see subsection (4)); or

(c)

the person has been sentenced to a term of imprisonment of 12 months or more (see subsections (4) and (5)).

(4)

For the purposes of subsection (3), a sentence imposed on a person is to be disregarded if:

(a)

the conviction concerned has been quashed or otherwise nullified; or

(b)

the person has been pardoned in relation to the conviction concerned.

(5)

For the purposes of subsection (3), if a person has been convicted of an offence and the court orders the person to participate in:

(a)

a residential drug rehabilitation scheme; or

(b)

a residential program for the mentally ill;