Immigration clearance
When a person is immigration cleared (1) A person is immigration cleared if, and only if: (a) the person: (i) enters Australia at a port; and (ii) complies with section 166; and (iii) leaves the port at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or (b) the person: (i) enters Australia otherwise than at a port; and (ii) complies with section 166; and (iii) leaves the prescribed place at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or (ba) the person: (i) enters Australia by virtue of the operation of section 10; and (ii) at the time of the person’s birth, had at least one parent who was immigration cleared on his or her last entry into Australia; or (c) the person is refused immigration clearance, or bypasses immigration clearance, and is subsequently granted a substantive visa; or (d) the person is in a prescribed class of persons. When a person is in immigration clearance (2) A person is in immigration clearance if the person: (a) is with an officer or at an authorised system for the purposes of section 166; and (b) has not been refused immigration clearance. When a person is refused immigration clearance (3) A person is refused immigration clearance if the person: (a) is with a clearance officer for the purposes of section 166; and (b) satisfies one or more of the following subparagraphs: (i) the person has his or her visa cancelled; (ii) the person refuses, or is unable, to present to a clearance officer evidence referred to in paragraph 166(1)(a); (iii) the person refuses, or is unable, to provide to a clearance officer information referred to in paragraph 166(1)(b); (iv) the person refuses, or is unable, to comply with any requirement referred to in paragraph 166(1)(c) to provide one or more personal identifiers to a clearance officer. When a person bypasses immigration clearance (4) A person, other than a person who is refused immigration clearance, bypasses immigration clearance if: (a) the person: (i) enters Australia at a port; and (ii) is required to comply with section 166; and (iii) leaves that port without complying; or (b) the person: (i) enters Australia otherwise than at a port; and (ii) is required to comply with section 166; and (iii) does not comply within the prescribed period for doing so.
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.
BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.
Try BriefBridge free