Section 199 — Migration Act 1958 (Cth)

(1) If:

(a) an officer removes, or is about to remove, an unlawful non‑citizen; and

(b) the spouse or de facto partner of that non‑citizen requests an officer to also be removed from Australia;

an officer may remove the spouse or de facto partner as soon as reasonably practicable.

(2) If:

(a) an officer removes, or is about to remove an unlawful non‑citizen; and

(b) the spouse or de facto partner of that non‑citizen requests an officer to also be removed from Australia with a dependent child or children of that non‑citizen;

an officer may remove the spouse or de facto partner and dependent child or children as soon as reasonably practicable.

(3) If:

(a) an officer removes, or is about to remove, an unlawful non‑citizen; and

(b) that non‑citizen requests an officer to remove a dependent child or children of the non‑citizen from Australia;

an officer may remove the dependent child or children as soon as reasonably practicable.

(4) In paragraphs (1)(a), (2)(a) and (3)(a), a reference to remove includes a reference to take to a regional processing country.

Related sections

• s 198AI — Ministerial report
• s 198AJ — Reports about unauthorised maritime arrivals
• s 198B — Power to bring transitory persons to Australia
• s 199A — Reason for Subdivision
• s 199B — Removal pathway non‑citizens—protection findings etc.
• s 199C — Minister may give removal pathway directions

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