Document ID: chunk:federal_register_of_legislation:C2024C00800:section:198:p2
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 198 (pt 2/4)
Character Range: 534944–537729

decision) referred to in subparagraph 193(1)(a)(iv), the non‑citizen has not made a valid application for a substantive visa that can be granted when the non‑citizen is in the migration zone; and
 (c) in a case where the non‑citizen has been invited, in accordance with section 501C or 501CA, to make representations to the Minister about revocation of the original decision—either:
 (i) the non‑citizen has not made representations in accordance with the invitation and the period for making representations has ended; or
 (ii) the non‑citizen has made representations in accordance with the invitation and the Minister has decided not to revoke the original decision.
Note: The only visa that the non‑citizen could apply for is a protection visa or a visa specified in regulations under section 501E.
 (2B) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if:
 (a) a delegate of the Minister has cancelled a visa of the non‑citizen under subsection 501(3A); and
 (b) since the delegate's decision, the non‑citizen has not made a valid application for a substantive visa that can be granted when the non‑citizen is in the migration zone; and
 (c) in a case where the non‑citizen has been invited, in accordance with section 501CA, to make representations to the Minister about revocation of the delegate's decision—either:
 (i) the non‑citizen has not made representations in accordance with the invitation and the period for making representations has ended; or
 (ii) the non‑citizen has made representations in accordance with the invitation and the Minister has decided not to revoke the delegate's decision.
Note: The only visa that the non‑citizen could apply for is a protection visa or a visa specified in the regulations for the purposes of subsection 501E(2).
 (3) The fact that an unlawful non‑citizen is eligible to apply for a substantive visa that can be granted when the applicant is in the migration zone but has not done so does not prevent the application of subsection (2) or (2A) to him or her.
 (5) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if the non‑citizen:
 (a) is a detainee; and
 (b) neither applied for a substantive visa in accordance with subsection 195(1) nor applied under section 137K for revocation of the cancellation of a substantive visa;
regardless of whether the non‑citizen has made a valid application for a bridging visa.
 (5A) Despite subsection (5), an officer must not remove an unlawful non‑citizen if:
 (a) the non‑citizen has made a 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