Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 182

No immigration detention or removal after certain period

             (1)  Sections 178 and 181 cease to apply to a designated person who was in Australia on 27 April 1992 if the person has been in application immigration detention after commencement for a continuous period of, or periods whose sum is, 273 days.

             (2)  Sections 178 and 181 cease to apply to a designated person who was not in Australia on 27 April 1992, if:

                     (a)  there has been an entry application for the person; and

                     (b)  the person has been in application immigration detention, after the making of the application, for a continuous period of, or periods whose sum is, 273 days.

             (3)  For the purposes of this section, a person is in application immigration detention if:

                     (a)  the person is in immigration detention; and

                     (b)  an entry application for the person is being dealt with;

unless one of the following is happening:

                     (c)  the Department is waiting for information relating to the application to be given by a person who is not under the control of the Department;

                     (d)  the dealing with the application is at a stage whose duration is under the control of the person or of an adviser or representative of the person;

                     (e)  court or tribunal proceedings relating to the application have been begun and not finalised;

                      (f)  continued dealing with the application is otherwise beyond the control of the Department.

             (4)  To avoid doubt, an entry application that has been refused is not being dealt with within the meaning of paragraph (3)(b) because only there could be an appeal against, or an application for the review of, the refusal.

             (5)  If:

                     (a)  an entry application for a designated person has been refused; and

                     (b)  because of a direction or decision of a court or tribunal, the application is required to be considered further;

whichever of subsection (1) or (2) applies to the designated person so applies as if the reference in it to 273 days were a reference to that number of days increased by 90 as well as by any number by which it has been increased under this subsection in relation to that entry application before.

             (6)  If:

                     (a)  an entry application for a designated person has been refused; and

                     (b)  apart from this subsection, section 178 would cease to apply to the person; and

                     (c)  the person begins court or tribunal proceedings in relation to the refusal;

that section applies to the person during both these proceedings and the period of 90 days after they end, whether or not this subsection has applied to that entry application before.



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