Commonwealth Numbered Regulations

1992 No. 367 MIGRATION (1993) REGULATIONS - REG 7.15

7.15. For the purposes of subsections 60 (1) and 82 (1) of the Act, the
following matters are the matters to be considered by the Minister in relation
to a person referred to in either of those subsections:

   (a)  whether the person is an illegal entrant;

   (b)  whether the person has been given, in accordance with these
        Regulations or the Migration (1989) Regulations, a notice of the
        intention to refer to the Minister the question of the exercise of the
        power:

        (i)    to order the deportation of the person; or

        (ii)   to require the person to leave Australia; as the case requires;

   (c)  whether the person has been granted, or is an applicant to be granted,
        refugee status or territorial asylum;

   (d)  whether the person:

        (i)    is an applicant for an entry permit; or

        (ii)   has applied to a review authority following a decision by the
               Minister refusing to grant an entry permit;

   (e)  whether the person is subject to a court order that is in force
        affecting the Minister's exercise of the relevant power referred to in
        paragraph (b);

   (f)  whether:

        (i)    if the person applied to the Minister under clause 6002 of
               Schedule 6 or under subparagraph 42 (1a) (a) (iv) of the
               Migration (1989) Regulations-7 working days; or

        (ii)   in any other case-2 working days; have elapsed after the day on
               which the person was arrested under section 92 or 93 of the
               Act, as the case requires.