Document ID: chunk:federal_register_of_legislation:C2004A04736:body:0:p19
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(iii) after being prevented from leaving a vessel under section 87; or

  (b) detained under subsection 54W(1) who:

      (i) has entered Australia after 30 August 1994; and

      (ii) has not been immigration cleared since last entering ; or

  (c) detained under subsection 54W(2).

  "(2) Nothing in subsection (1) requires the Minister or any officer to:

    (a) advise a person covered by subsection (1) as to whether the person may apply for a visa; or

    (b) give a person covered by subsection (1) any opportunity to apply for a visa; or

    (c) allow a person covered by subsection (1) access to advice (whether legal or otherwise) in connection with applications for visas.".

Removal from Australia of unlawful non-citizens

  56. Section 54ZF of the Principal Act is amended:

    (a) by omitting paragraph (2)(a) and substituting the following paragraphs:

      "(a) who is covered by subsection 54ZA(1); and

      (aa) who has not subsequently been immigration cleared; and";

    (b) by inserting in subparagraph (2)(b)(i) "that can be granted when the applicant is in the migration zone" after "visa";

    (c) by inserting in subparagraph (2)(b)(ii) ", that can be granted when the applicant is in the migration zone," after "visa";

  (d) by omitting from subsection (3) "than" and substituting "that";

    (e) by inserting in subsection (3) "that can be granted when the applicant is in the migration zone" after "visa";

  (f) by inserting after subsection (3) the following subsection:

    "(3A) Nothing in subsection (2) requires the Minister or any officer to:

        (a) advise a non-citizen covered by subsection 54ZA(1) as to whether the non-citizen may apply for a visa; or

        (b) give a non-citizen covered by subsection 54ZA(1) any opportunity to apply for a visa; or

        (c) allow a non-citizen covered by subsection 54ZA(1) access to advice (whether legal or otherwise) in connection with applications for visas.";

    (g) by inserting in paragraph (5)(b) "that can be granted when the applicant is in the migration zone" after "visa";

    (h) by omitting subparagraphs (5)(c)(i) and (ii) and substituting the following subparagraph:

         "(i) the grant of the visa has been refused and the application has been finally determined;";

     (i) by adding at the end of paragraph (5)(d) "that can be granted when the applicant is in the migration zone".

Deportation of non-citizens in Australia for less than 10 years who are convicted of crimes

57. Section 55 of the Principal Act is amended by omitting paragraph (b) and substituting the following paragraph:

  "(b) when the offence was committed the person was a non-citizen who:

      (i) had been in Australia as a permanent resident:

          (A) for a period of less than 10 years; or

            (B) for periods that, when added together, total less than 10 years; or

        (ii) was a