Removal from Australia of designated persons
(1) An officer must remove a designated person from Australia as soon as practicable if the designated person asks the Minister, in writing, to be removed. (2) An officer must remove a designated person from Australia as soon as practicable if: (a) the person has been in Australia for at least 2 months or, if a longer period is prescribed, at least that prescribed period; and (b) there has not been an entry application for the person. (3) An officer must remove a designated person from Australia as soon as practicable if: (a) there has been an entry application for the person; and (b) the grant of the visa has been refused; and (c) all appeals against, or reviews of, the refusal (if any) have been finalised. (4) If: (a) 2 designated persons are liable to be removed from Australia under this section; and (b) they are the parents of another designated person in Australia who is under 18; the other designated person is to be removed from Australia. (5) If: (a) a designated person is liable to be removed from Australia under this section; and (b) he or she is the only parent in Australia of another designated person in Australia who is under 18; the other designated person is to be removed from Australia. (6) If: (a) 2 designated persons are liable to be removed from Australia under this section; and (b) they have the care and control of another designated person in Australia who: (i) is under 18; and (ii) does not have a parent who is a designated person; the other designated person is to be removed from Australia. (7) If: (a) a designated person is liable to be removed from Australia under this section; and (b) he or she is the only person who has the care and control of another designated person in Australia who: (i) is under 18; and (ii) does not have a parent who is a designated person; the other designated person is to be removed from Australia. (8) This section is subject to section 182.
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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