Section 199 — Dependants of removed non-citizens

199 Dependants of removed non-citizens

(1) If:

(a) an officer removes, or is about to remove, an unlawful non-citizen; and

(b) the spouse or de facto partner of that non-citizen requests an officer to also be removed from Australia;

an officer may remove the spouse or de facto partner as soon as reasonably practicable.

(2) If:

(a) an officer removes, or is about to remove an unlawful non-citizen; and

(b) the spouse or de facto partner of that non-citizen requests an officer to also be removed from Australia with a dependent child or children of that non-citizen;

an officer may remove the spouse or de facto partner and dependent child or children as soon as reasonably practicable.

(3) If:

(a) an officer removes, or is about to remove, an unlawful non-citizen; and

(b) that non-citizen requests an officer to remove a dependent child or children of the non-citizen from Australia;

an officer may remove the dependent child or children as soon as reasonably practicable.

(4) In paragraphs (1)(a), (2)(a) and (3)(a), a reference to remove includes a reference to take to a regional processing country.

Subdivision D—Duty to cooperate in relation to removal and removal concern countries