Section 172 — Immigration clearance

172 Immigration clearance

When a person is immigration cleared

(1) A person is immigration cleared if, and only if:

(a) the person:

(i) enters Australia at a port; and

(ii) complies with section 166; and

(iii) leaves the port at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or

(b) the person:

(i) enters Australia otherwise than at a port; and

(ii) complies with section 166; and

(iii) leaves the prescribed place at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or

(ba) the person:

(i) enters Australia by virtue of the operation of section 10; and

(ii) at the time of the person’s birth, had at least one parent who was immigration cleared on his or her last entry into Australia; or

(c) the person is refused immigration clearance, or bypasses immigration clearance, and is subsequently granted a substantive visa; or

(d) the person is in a prescribed class of persons.

When a person is in immigration clearance

(2) A person is in immigration clearance if the person:

(a) is with an officer or at an authorised system for the purposes of section 166; and

(b) has not been refused immigration clearance.

When a person is refused immigration clearance

(3) A person is refused immigration clearance if the person:

(a) is with a clearance officer for the purposes of section 166; and

(b) satisfies one or more of the following subparagraphs:

(i) the person has his or her visa cancelled;

(ii) the person refuses, or is unable, to present to a clearance officer evidence referred to in paragraph 166(1)(a);

(iii) the person refuses, or is unable, to provide to a clearance officer information referred to in paragraph 166(1)(b);

(iv) the person refuses, or is unable, to comply with any requirement referred to in paragraph 166(1)(c) to provide one or more personal identifiers to a clearance officer.

When a person bypasses immigration clearance

(4) A person, other than a person who is refused immigration clearance, bypasses immigration clearance if:

(a) the person:

(i) enters Australia at a port; and

(ii) is required to comply with section 166; and

(iii) leaves that port without complying; or

(b) the person:

(i) enters Australia otherwise than at a port; and

(ii) is required to comply with section 166; and

(iii) does not comply within the prescribed period for doing so.