Document ID: chunk:federal_register_of_legislation:C2011A00135:clause:1_228b
Version: federal_register_of_legislation:C2011A00135
Segment Type: clause
Provision Reference: sch 1 cl 228B
Character Range: 2302–3176

228B  Circumstances in which a non‑citizen has no lawful right to come to Australia
 (1) For the purposes of this Subdivision, a non‑citizen has, at a particular time, no lawful right to come to Australia if, at that time:
 (a) the non‑citizen does not hold a visa that is in effect; and
 (b) the non‑citizen is not covered by an exception referred to in subsection 42(2) or (2A); and
 (c) the non‑citizen is not permitted by regulations under subsection 42(3) to travel to Australia without a visa that is in effect.
 (2) To avoid doubt, a reference in subsection (1) to a non‑citizen includes a reference to a non‑citizen seeking protection or asylum (however described), whether or not Australia has, or may have, protection obligations in respect of the non‑citizen:
 (a) under the Refugees Convention as amended by the Refugees Protocol; or
 (b) for any other reason.