Section 161 — Effect of criminal justice visas
CurrentPart 2—Arrival, presence and departure of persons · Division 4—Criminal justice visitors · Subdivision D—Criminal justice visas · Migration Act 1958
C2026C00232 · Compilation No. 171As in force on 4 June 2026
View on the Federal Register of LegislationOn this page
- Provision
- Section 161
- As in force on
- 4 June 2026
- Citation
- C2026C00232 · Compilation No. 171
Section 161 — Effect of criminal justice visas
161 Effect of criminal justice visas
(1) A criminal justice entry visa for a non-citizen is permission for the non-citizen to travel to and enter and remain in Australia while it is in effect.
(2) A criminal justice stay visa for a non-citizen:
(a) is permission for the non-citizen to remain in Australia while it is in effect; and
(b) if the non-citizen is in immigration detention, entitles the non-citizen to be released from that detention.
(3) A criminal justice visa for a person does not prevent the non-citizen leaving Australia.
(4) Subsection (3) does not limit the operation of any order or warrant of a court.
(5) The holder of a criminal justice entry visa may not apply for a visa other than a protection visa.
(6) If a non-citizen who has held a criminal justice entry visa remains in Australia when the visa is cancelled, the non-citizen may not make an application for a visa other than a protection visa.
Subdivision E—Cancellation etc. of criminal justice certificates and criminal justice visas

