Document ID: chunk:federal_register_of_legislation:C2024C00800:section:5:p13
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 5 (pt 13/21)
Character Range: 70948–73768

who:
 (i) holds a Subclass 050 (Bridging (General)) visa; and
 (ii) at the time the visa was granted, satisfied a criterion for the grant relating to the making of, or being subject to, acceptable arrangements to depart Australia; or
 (d) a lawful non‑citizen who:
 (i) holds a visa prescribed by the regulations for the purposes of this subparagraph; and
 (ii) at the time the visa was granted, satisfied a criterion for the grant relating to the making of, or being subject to, acceptable arrangements to depart Australia.
Note 1: For subparagraph (a)(ii), subsection 197E(5) temporarily suspends the duty to remove an unlawful non‑citizen under section 198 if the Minister decides to consider whether to exercise a Ministerial intervention power in relation to the non‑citizen. However, the suspension does not prevent other action being taken, or things being done, to facilitate or otherwise prepare for the removal of the non‑citizen under section 198 (see subsection 197E(10)).
Note 2: The effect of paragraph (c) is that only certain non‑citizens holding Subclass 050 (Bridging (General)) visas will be removal pathway non‑citizens.
remove means remove from Australia.
removee means an unlawful non‑citizen removed, or to be removed, under Division 8 of Part 2.
residence determination has the meaning given by subsection 197AB(1).
resources installation means:
 (a) a resources industry fixed structure within the meaning of subsection (10); or
 (b) a resources industry mobile unit within the meaning of subsection (11).
reviewable migration decision: see section 338.
reviewable protection decision: see section 338A.
score, in relation to a visa applicant, means the total number of points given to the applicant under section 93 in the most recent assessment or re‑assessment under Subdivision B of Division 3 of Part 2.
sea installation has the same meaning as in the Sea Installations Act.
Sea Installations Act means the Sea Installations Act 1987.
Secretary means the Secretary of the Department.
serious Australian offence means an offence against a law in force in Australia, where:
 (a) the offence:
 (i) involves violence against a person; or
 (ii) is a serious drug offence; or
 (iii) involves serious damage to property; or
 (iv) is an offence against section 197A or 197B (offences relating to immigration detention); and
 (b) the offence is punishable by:
 (i) imprisonment for life; or
 (ii) imprisonment for a fixed term of not less than 3 years; or
 (iii) imprisonment for a maximum term of not less than 3 years.
serious foreign offence means an offence against a law in force in a foreign country, where:
 (a) the offence:
 (i) involves violence against a person; or
 (ii) is a serious drug offence; or
 (iii) involves serious damage to property; and
 (b) if it were assumed that the act or