Document ID: chunk:federal_register_of_legislation:C2024C00800:section:198:p3
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 198 (pt 3/4)
Character Range: 537496–540138

valid application for a protection visa (even if the application was made outside the time allowed by subsection 195(1)); and
 (b) either:
 (i) the grant of the visa has not been refused; or
 (ii) the application has not been finally determined.
 (6) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if:
 (a) the non‑citizen is a detainee; and
 (b) the non‑citizen made a valid application for a substantive visa that can be granted when the applicant is in the migration zone; and
 (c) one of the following applies:
 (i) the grant of the visa has been refused and the application has been finally determined;
 (ii) the visa cannot be granted; and
 (d) the non‑citizen has not made another valid application for a substantive visa that can be granted when the applicant is in the migration zone.
 (7) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if:
 (a) the non‑citizen is a detainee; and
 (b) Subdivision AI of Division 3 of this Part applies to the non‑citizen; and
 (c) either:
 (i) the non‑citizen has not been immigration cleared; or
 (ii) the non‑citizen has not made a valid application for a substantive visa that can be granted when the applicant is in the migration zone; and
 (d) either:
 (i) the Minister has not given a notice under paragraph 91F(1)(a) to the non‑citizen; or
 (ii) the Minister has given such a notice but the period mentioned in that paragraph has ended and the non‑citizen has not, during that period, made a valid application for a substantive visa that can be granted when the applicant is in the migration zone.
 (8) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if:
 (a) the non‑citizen is a detainee; and
 (b) Subdivision AJ of Division 3 of this Part applies to the non‑citizen; and
 (c) either:
 (i) the Minister has not given a notice under subsection 91L(1) to the non‑citizen; or
 (ii) the Minister has given such a notice but the period mentioned in that subsection has ended and the non‑citizen has not, during that period, made a valid application for a substantive visa that can be granted when the applicant is in the migration zone.
 (10) For the purposes of subsections (6) to (9), a valid application under section 137K for revocation of the cancellation of a visa is treated as though it were a valid application for a substantive visa that can be granted when the applicant is in the migration zone.
 (11) This section does not apply to an unauthorised maritime arrival to whom section 198AD applies.

No civil liability for removal
 (12) No civil liability is incurred by an officer or