Document ID: chunk:federal_register_of_legislation:C2012A00113:clause:1_198ah
Version: federal_register_of_legislation:C2012A00113
Segment Type: clause
Provision Reference: sch 1 cl 198AH
Character Range: 14197–15192

198AH  Application of section 198AD to certain transitory persons
  Section 198AD applies, subject to sections 198AE, 198AF and 198AG, to a transitory person if, and only if:
 (a) the person is an offshore entry person who is brought to Australia from a regional processing country under section 198B for a temporary purpose; and
 (b) the person is detained under section 189; and
 (c) the person no longer needs to be in Australia for the temporary purpose (whether or not the purpose has been achieved); and
 (d) in the case where the person has not made a request under section 198C—an assessment of whether or not the person is covered by the definition of refugee in Article 1A of the Refugees Convention as amended by the Refugees Protocol was not completed while the person was in the regional processing country; and
 (e) in the case where the person has made such a request—a certificate is in force under section 198D in relation to the person.

Subdivision C—Transitory persons etc.