Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 199

Dependants of removed non-citizens

             (1)  If:

                     (a)  an officer removes, or is about to remove, an unlawful non-citizen; and

                     (b)  the spouse or de facto partner of that non-citizen requests an officer to also be removed from Australia;

an officer may remove the spouse or de facto partner as soon as reasonably practicable.

             (2)  If:

                     (a)  an officer removes, or is about to remove an unlawful non-citizen; and

                     (b)  the spouse or de facto partner of that non-citizen requests an officer to also be removed from Australia with a dependent child or children of that non-citizen;

an officer may remove the spouse or de facto partner and dependent child or children as soon as reasonably practicable.

             (3)  If:

                     (a)  an officer removes, or is about to remove, an unlawful non-citizen; and

                     (b)  that non-citizen requests an officer to remove a dependent child or children of the non-citizen from Australia;

an officer may remove the dependent child or children as soon as reasonably practicable.

             (4)  In paragraphs (1)(a), (2)(a) and (3)(a), a reference to remove includes a reference to take to a regional processing country.



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