Section 181 — Removal from Australia of designated persons
CurrentPart 2—Arrival, presence and departure of persons · Division 6—Certain non-citizens to be kept in immigration detention · Migration Act 1958
C2026C00232 · Compilation No. 171As in force on 4 June 2026
View on the Federal Register of LegislationOn this page
- Provision
- Section 181
- As in force on
- 4 June 2026
- Citation
- C2026C00232 · Compilation No. 171
Section 181 — Removal from Australia of designated persons
181 Removal from Australia of designated persons
(1) An officer must remove a designated person from Australia as soon as practicable if the designated person asks the Minister, in writing, to be removed.
(2) An officer must remove a designated person from Australia as soon as practicable if:
(a) the person has been in Australia for at least 2 months or, if a longer period is prescribed, at least that prescribed period; and
(b) there has not been an entry application for the person.
(3) An officer must remove a designated person from Australia as soon as practicable if:
(a) there has been an entry application for the person; and
(b) the grant of the visa has been refused; and
(c) all appeals against, or reviews of, the refusal (if any) have been finalised.
(4) If:
(a) 2 designated persons are liable to be removed from Australia under this section; and
(b) they are the parents of another designated person in Australia who is under 18;
the other designated person is to be removed from Australia.
(5) If:
(a) a designated person is liable to be removed from Australia under this section; and
(b) he or she is the only parent in Australia of another designated person in Australia who is under 18;
the other designated person is to be removed from Australia.
(6) If:
(a) 2 designated persons are liable to be removed from Australia under this section; and
(b) they have the care and control of another designated person in Australia who:
(i) is under 18; and
(ii) does not have a parent who is a designated person;
the other designated person is to be removed from Australia.
(7) If:
(a) a designated person is liable to be removed from Australia under this section; and
(b) he or she is the only person who has the care and control of another designated person in Australia who:
(i) is under 18; and
(ii) does not have a parent who is a designated person;
the other designated person is to be removed from Australia.
(8) This section is subject to section 182.