Commonwealth criminal justice stay certificate
(1) If: (a) an unlawful non‑citizen is to be, or is likely to be, removed or deported; and (b) the Minister considers that the non‑citizen should remain in Australia temporarily for the purposes of: (i) the Extradition Act 1988; or (ia) the International War Crimes Tribunals Act 1995; or (ib) the International Criminal Court Act 2002; or (ii) the Mutual Assistance in Criminal Matters Act 1987; or (iii) the administration of criminal justice in relation to an offence against a law of the Commonwealth; and (c) the Minister considers that satisfactory arrangements have been made to make sure that the person or organisation who wants the non‑citizen for the relevant purposes or the non‑citizen or both will meet the cost of keeping the non‑citizen in Australia; the Minister may give a certificate that the stay of the non‑citizen’s removal or deportation is required for the administration of criminal justice. (2) For the purposes of paragraph (1)(c), the cost of keeping the non‑citizen in Australia does not include the cost of immigration detention (if any).
Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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