Document ID: chunk:federal_register_of_legislation:C2024C00800:section:198:p1
Version: federal_register_of_legislation:C2024C00800
Segment Type: section
Provision Reference: s 198 (pt 1/4)
Character Range: 532362–535185

198  Removal from Australia of unlawful non‑citizens

Removal on request
 (1) An officer must remove as soon as reasonably practicable an unlawful non‑citizen who asks the Minister, in writing, to be so removed.

Removal of transitory persons brought to Australia for a temporary purpose
 (1A) In the case of an unlawful non‑citizen who has been brought to Australia under section 198B or repealed section 198C for a temporary purpose, an officer must remove the person as soon as reasonably practicable after the person no longer needs to be in Australia for that purpose (whether or not the purpose has been achieved).
Note 1: Some unlawful non‑citizens are transitory persons. Section 198B provides for transitory persons to be brought to Australia for a temporary purpose. See the definition of transitory person in subsection 5(1).
Note 2: Section 198C was repealed by the Migration Amendment (Repairing Medical Transfers) Act 2019. It provided for certain transitory persons to be brought to Australia for a temporary purpose (including the temporary purpose of medical or psychiatric assessment or treatment).
 (1B) Subsection (1C) applies if:
 (a) an unlawful non‑citizen who is not an unauthorised maritime arrival has been brought to Australia under section 198B or repealed section 198C for a temporary purpose; and
 (b) the non‑citizen gives birth to a child while the non‑citizen is in Australia; and
 (c) the child is a transitory person within the meaning of paragraph (e) of the definition of transitory person in subsection 5(1).
 (1C) An officer must remove the non‑citizen and the child as soon as reasonably practicable after the non‑citizen no longer needs to be in Australia for that purpose (whether or not that purpose has been achieved).

Removal of unlawful non‑citizens in other circumstances
 (2) An officer must remove as soon as reasonably practicable an unlawful non‑citizen:
 (a) who is covered by subparagraph 193(1)(a)(i), (ii) or (iii) or paragraph 193(1)(b), (c) or (d); and
 (b) who has not subsequently been immigration cleared; and
 (c) who either:
 (i) has not made a valid application for a substantive visa that can be granted when the applicant is in the migration zone; or
 (ii) has made a valid application for a substantive visa, that can be granted when the applicant is in the migration zone, that has been finally determined.
 (2A) An officer must remove as soon as reasonably practicable an unlawful non‑citizen if:
 (a) the non‑citizen is covered by subparagraph 193(1)(a)(iv); and
 (b) since the Minister's decision (the original 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