Section 161Migration Act 1958 (Cth)

Effect of criminal justice visas

(1) A criminal justice entry visa for a non‑citizen is permission for the non‑citizen to travel to and enter and remain in Australia while it is in effect.

(2) A criminal justice stay visa for a non‑citizen:

(a) is permission for the non‑citizen to remain in Australia while it is in effect; and

(b) if the non‑citizen is in immigration detention, entitles the non‑citizen to be released from that detention.

(3) A criminal justice visa for a person does not prevent the non‑citizen leaving Australia.

(4) Subsection (3) does not limit the operation of any order or warrant of a court.

(5) The holder of a criminal justice entry visa may not apply for a visa other than a protection visa.

(6) If a non‑citizen who has held a criminal justice entry visa remains in Australia when the visa is cancelled, the non‑citizen may not make an application for a visa other than a protection visa.

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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