Document ID: chunk:federal_register_of_legislation:C2024A00107:clause:1_199b
Version: federal_register_of_legislation:C2024A00107
Segment Type: clause
Provision Reference: sch 1 cl 199B
Character Range: 5571–7557

199B  Removal pathway non‑citizens

Meaning of removal pathway non‑citizen
 (1) Each of the following is a removal pathway non‑citizen:
 (a) an unlawful non‑citizen:
 (i) who is required to be removed from Australia under section 198 as soon as reasonably practicable; or
 (ii) who would be required to be so removed except for the operation of subsection 197E(5);
 (b) a lawful non‑citizen who holds a Subclass 070 (Bridging (Removal Pending)) visa;
 (c) a lawful non‑citizen who:
 (i) holds a Subclass 050 (Bridging (General)) visa; and
 (ii) at the time the visa was granted, satisfied a criterion for the grant relating to the making of, or being subject to, acceptable arrangements to depart Australia;
 (d) a lawful non‑citizen who holds a visa prescribed for the purposes of this paragraph.
Note: For subparagraph (a)(ii), subsection 197E(5) temporarily suspends the duty to remove an unlawful non‑citizen under section 198 if the Minister decides to consider whether to exercise a Ministerial intervention power in relation to the non‑citizen. However, the suspension does not prevent other action being taken, or things being done, to facilitate or otherwise prepare for the removal of the non‑citizen under section 198 (see subsection 197E(10)).

Removal pathway non‑citizens for whom protection findings have been made
 (2) To avoid doubt, a removal pathway non‑citizen for whom a protection finding has been made within the meaning of subsection 197C(4), (5), (6) or (7):
 (a) may be given a removal pathway direction by the Minister; and
 (b) may commit the offence of refusing or failing to comply with the direction under section 199E.
Note: For the circumstances in which the Minister must not give a removal pathway direction, see section 199D.
 (3) To avoid doubt, nothing in section 199C or 199D authorises or requires the removal of an unlawful non‑citizen under section 198 to a country to which the non‑citizen could not be removed because of subsection 197C(3).