Document ID: chunk:federal_register_of_legislation:C2024C00800:section:199g:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 199G (pt 1/2)
Character Range: 584438–587001

199G  Visa applications by certain nationals of a removal concern country
 (1) An application for a visa by a non‑citizen is not a valid application if, at the time the application is made:
 (a) the non‑citizen is a national of one or more removal concern countries; and
 (b) the non‑citizen is outside Australia.

Exceptions to bar on visa application
 (2) Subsection (1) does not apply in relation to an application for a visa by a non‑citizen if:
 (a) both of the following apply:
 (i) the non‑citizen is a national of a country (within the meaning of subsection 199F(9)) that is not a removal concern country;
 (ii) the non‑citizen holds a passport issued by that country that is in force; or
 (b) the non‑citizen is the spouse, de facto partner or dependent child (within the meaning of the regulations) of:
 (i) an Australian citizen; or
 (ii) the holder of a permanent visa that is in effect; or
 (iii) a person who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law; or
 (c) the non‑citizen is the parent of a child who is under 18 and in Australia; or
 (d) the application is for the grant of a Refugee and Humanitarian (Class XB) visa (within the meaning of section 39A); or
 (e) the non‑citizen is included in a class of persons determined in an instrument made under subsection (3) of this section; or
 (f) the application is for the grant of a visa of a class determined in an instrument made under subsection (3) of this section.
 (3) The Minister may, by legislative instrument, determine the following:
 (a) a class of persons for the purposes of paragraph (2)(e);
 (b) a class of visa for the purposes of paragraph (2)(f).

Minister may determine bar on visa application does not apply
 (4) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a non‑citizen, determine that subsection (1) does not apply to an application by the non‑citizen for a visa of a class specified in the determination.
 (5) A determination under subsection (4) may provide that it has effect only for the period specified in the determination and, if it does so, the determination ceases to have effect at the end of the specified period.
 (6) The Minister may, by written notice given to a non‑citizen, vary or revoke a determination made under subsection (4) in relation to the non‑citizen if the Minister thinks that it is in the public interest to do so.
 (7) The power under subsection (4) or (6) may only be exercised by the