Circumstances in which Minister must not give a removal pathway direction
Non‑citizens subject to a protection finding (1) The Minister must not give a removal pathway direction to a removal pathway non‑citizen to do, or not do, a thing in relation to a particular country if: (a) in the case of an unlawful non‑citizen—the non‑citizen cannot be removed to that country because of subsection 197C(3); or (b) in the case of a lawful non‑citizen—the non‑citizen could not be removed to that country because of that subsection if the non‑citizen were an unlawful non‑citizen. Non‑citizens who have applied for protection visas (2) The Minister must not give a removal pathway direction to a removal pathway non‑citizen if: (a) the non‑citizen has made a valid application for a protection visa; and (b) the application is not yet finally determined. Interaction with monitoring conditions on certain bridging visas (3) The Minister must not give a removal pathway direction to a removal pathway non‑citizen if all of the following apply: (a) the non‑citizen holds a Subclass 070 (Bridging (Removal Pending)) visa; (b) the visa is subject to a monitoring condition (within the meaning of subsection 76B(4)); (c) an instruction or specification under the monitoring condition has been given to the non‑citizen; (d) the direction would require the non‑citizen to do, or not do, a thing that is substantially the same as the instruction or specification; (e) the Minister has not, in writing: (i) withdrawn the instruction or specification; or (ii) confirmed that the instruction or specification has been complied with. Children (4) The Minister must not give a removal pathway direction to a removal pathway non‑citizen if the non‑citizen is a child under 18. (5) However, if the parent or guardian of the child is a removal pathway non‑citizen, the Minister may give a removal pathway direction in relation to the child to the parent or guardian. Court or tribunal proceedings etc. (6) The Minister must not give a removal pathway direction to a removal pathway non‑citizen directing the non‑citizen: (a) not to commence, or to discontinue, court or tribunal proceedings; or (b) to take or not take particular steps in the conduct of such proceedings; or (c) not to make a visa application under this Act; or (d) to withdraw a visa application made under this Act.
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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