Commonwealth Consolidated Acts

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MIGRATION ACT 1958 - SECT 72

Interpretation

             (1)  In this Subdivision:

"eligible non-citizen" means a non-citizen who:

                     (a)  has been immigration cleared; or

                     (b)  is in a prescribed class of persons; or

                     (c)  the Minister has determined to be an eligible non-citizen.

             (2)  The Minister may make a determination under paragraph (1)(c) that a non-citizen is an eligible non-citizen if:

                     (a)  the non-citizen was an unlawful non-citizen when he or she entered the migration zone; and

                     (b)  the non-citizen made a valid application for a protection visa after he or she arrived in Australia; and

                     (c)  the non-citizen has been in immigration detention for a period of more than 6 months after the application for a protection visa was made; and

                     (d)  the Minister has not made a primary decision in relation to the application for a protection visa; and

                     (e)  the Minister thinks that the determination would be in the public interest.

             (3)  The power to make a determination under paragraph (1)(c) may only be exercised by the Minister personally.

             (4)  If the Minister makes a determination under paragraph (1)(c), he or she is to cause to be laid before each House of the Parliament a statement that:

                     (a)  sets out the determination; and

                     (b)  sets out the reasons for the determination, referring in particular to the Minister's reasons for thinking that his or her actions are in the public interest.

             (5)  A statement made under subsection (4) is not to include:

                     (a)  the name of any non-citizen who is the subject of the determination; or

                     (b)  any information that may identify the non-citizen; or

                     (c)  if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned--the name of that other person, or any information that may identify the person.

             (6)  A statement under subsection (4) is to be laid before each House of the Parliament within 15 sitting days of that House after:

                     (a)  if the determination is made between 1 January and 30 June (inclusive) in a year--1 July in that year; or

                     (b)  if the determination is made between 1 July and 31 December (inclusive) in a year--1 January in the following year.

             (7)  The Minister does not have a duty to consider whether to make a determination under paragraph (1)(c) in respect of any non-citizen, whether he or she is requested to do so by the non-citizen or any other person, or in any other circumstances.



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