Section 502 — Migration Act 1958 (Cth)

(1) If:

(a) the Minister, acting personally, intends to make a decision:

(i) under section 200 because of circumstances specified in section 201; or

(ii) to refuse under section 65 to grant a protection visa relying on subsection 5H(2) or 36(1C);

in relation to a person; and

(b) the Minister decides that, because of the seriousness of the circumstances giving rise to the making of that decision, it is in the national interest that the person be declared to be an excluded person;

the Minister may, as part of the decision, include a certificate declaring the person to be an excluded person.

(2) A decision under subsection (1) must be taken by the Minister personally.

(3) If the Minister makes a decision under subsection (1), the Minister must cause notice of the making of the decision to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the decision was made.

Related sections

• s 501K — Identity of applicants for protection visas not to be published by the ART
• s 501L — Disclosure of information to the Minister
• s 501M — Collection, use and disclosure of criminal history information
• s 503 — Exclusion of certain persons from Australia
• s 503A — Protection of information supplied by law enforcement agencies or intelligence agencies
• s 503B — Protection of confidential information disclosed to Federal Court or Federal Circuit and Family Court of Australia (Division 2)—permanent non‑disclosure orders

Research how courts apply s 502

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