Document ID: chunk:federal_register_of_legislation:C2006C00048:clause:1_9
Version: federal_register_of_legislation:C2006C00048
Segment Type: clause
Provision Reference: sch 1 cl 9
Character Range: 3930–4969

9  After subsection 198(2)
Insert:

 (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 invited, in accordance with section 501C, 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.