Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 228B

Circumstances in which a non-citizen has no lawful right to come to Australia

             (1)  For the purposes of this Subdivision, a non-citizen has, at a particular time, no lawful right to come to Australia if, at that time:

                     (a)  the non-citizen does not hold a visa that is in effect; and

                     (b)  the non-citizen is not covered by an exception referred to in subsection 42(2) or (2A); and

                     (c)  the non-citizen is not permitted by regulations under subsection 42(3) to travel to Australia without a visa that is in effect.

             (2)  To avoid doubt, a reference in subsection (1) to a non-citizen includes a reference to a non-citizen seeking protection or asylum (however described), whether or not Australia has, or may have, protection obligations in respect of the non-citizen because the non-citizen is or may be a refugee, or for any other reason.



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