Add:
- (4)
- Subject to paragraphs (1)(a), (b) and (c), if the person is
detained as a result of the cancellation of his or her visa under
section 501, the detention is to continue unless a court finally
determines that the detention is unlawful, or that the person detained is not
an unlawful non-citizen.
- (4A)
- Subject to paragraphs (1)(a), (b) and (c), if the person is detained
pending his or her deportation under section 200, the detention is to
continue unless a court finally determines that the detention is unlawful.
- (5)
- To avoid doubt, subsection (4) or (4A) applies:
(a) whether or not there is a real likelihood of the person detained being
removed from Australia under section 198 or 199, or deported under
section 200, in the reasonably foreseeable future; and
(b) whether or not a visa decision relating to the person detained is, or
may be, unlawful.
- (5A)
- Subsections (4) and (4A) do not affect
by implication the continuation of the detention of a person to whom
those subsections do not apply.
- (6)
- This section has effect despite any other law.
- (7)
- In this section:
"visa decision" means a decision relating to a visa (including a decision not
to grant the visa, to cancel the visa or not to reinstate the visa).
Note: The heading to section 196 is altered by omitting "Period" and
substituting "Duration".
2 Existing orders unaffected
Subsections 196(4) to
(7) of the Migration Act 1958 as added by item 1 do not affect the
validity of any order made by a court before the commencement of this
Schedule.
Commonwealth Numbered Acts