Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 161

Effect of criminal justice visas

  (1)   A criminal justice entry visa for a non - citizen is permission for the non - citizen to travel to and enter and remain in Australia while it is in effect.

  (2)   A criminal justice stay visa for a non - citizen:

  (a)   is permission for the non - citizen to remain in Australia while it is in effect; and

  (b)   if the non - citizen is in immigration detention, entitles the non - citizen to be released from that detention.

  (3)   A criminal justice visa for a person does not prevent the non - citizen leaving Australia.

  (4)   Subsection   (3) does not limit the operation of any order or warrant of a court.

  (5)   The holder of a criminal justice entry visa may not apply for a visa other than a protection visa.

  (6)   If a non - citizen who has held a criminal justice entry visa remains in Australia when the visa is cancelled, the non - citizen may not make an application for a visa other than a protection visa.


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