Document ID: chunk:federal_register_of_legislation:C2004A04475:body:0:p40
Version: federal_register_of_legislation:C2004A04475
Segment Type: other
Provision Reference: 
Character Range: 99127–101995

or her intention to so apply—within the next 5 days after those 2 days.

"(2) A detainee who does not apply for a visa within the time allowed by subsection (1) may not apply for a visa, other than a bridging visa or a protection visa, after that time.

Period of detention

"54ZD.(1) An unlawful non-citizen detained under section 54W must be kept in immigration detention until he or she is:

  (a)     removed from Australia under section 54ZF or 54ZG; or

  (b)     deported under section 55A; or

  (c)     granted a visa.

"(2) To avoid doubt, subsection (1) does not prevent the release from immigration detention of a citizen or a lawful non-citizen.

"(3) To avoid doubt, subsection (1) prevents the release, even by a court, of an unlawful non-citizen from detention (otherwise than for removal or deportation) unless the non-citizen has made a valid application for a visa and he or she has satisfied all of the criteria for the visa.

Effect of escape from immigration detention

  "54ZE. If a non-citizen:

  (a)     was in immigration detention; and

  (b)     escaped from that detention; and

  (c)     was taken back into that detention;

then, for the purposes of sections 54ZB and 54ZC, the non-citizen is taken not to have ceased to be in immigration detention.

"Division 4D—Removal of unlawful non-citizens

Removal from Australia of uncleared unlawful non-citizens

"54ZF.(1) An officer must remove as soon as reasonably practicable an unlawful non-citizen who asks the Minister, in writing, to be so removed.

"(2) An officer must remove as soon as reasonably practicable an unlawful non-citizen:

   (a)     who has been refused immigration clearance; and

   (b)     either:

         (i) has not made a valid application for a substantive visa; or

         (ii) has made a valid application for a substantive visa that has been finally determined.

"(3) The fact than an unlawful non-citizen is eligible to apply for a substantive visa but has not done so does not prevent the application of subsection (2) to him or her.

"(4) An officer must remove as soon as reasonably practicable an unlawful non-citizen if the non-citizen:

   (a)     is a detainee; and

     (b)     was entitled to apply for a visa in accordance with section 54ZC but did not do so.

"(5) 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; and

   (c)     one of the following applies:

       (i) the application has been refused and finally determined;

      (ii) the application cannot be approved;

      (iii) the visa cannot be granted; and

    (d) the non-citizen has not made another valid application for a substantive visa.

Dependants of removed non-citizens

  "54ZG.(1) If:

    (a)     an