(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.