Section 199D — Circumstances in which Minister must not give a removal pathway direction

199D Circumstances in which Minister must not give a removal pathway direction

Non-citizens subject to a protection finding

(1) The Minister must not give a removal pathway direction to a removal pathway non-citizen to do, or not do, a thing in relation to a particular country if:

(a) in the case of an unlawful non-citizen—the non-citizen cannot be removed to that country because of subsection 197C(3); or

(b) in the case of a lawful non-citizen—the non-citizen could not be removed to that country because of that subsection if the non-citizen were an unlawful non-citizen.

Non-citizens who have applied for protection visas

(2) The Minister must not give a removal pathway direction to a removal pathway non-citizen if:

(a) the non-citizen has made a valid application for a protection visa; and

(b) the application is not yet finally determined.

Interaction with monitoring conditions on certain bridging visas

(3) The Minister must not give a removal pathway direction to a removal pathway non-citizen if all of the following apply:

(a) the non-citizen holds a Subclass 070 (Bridging (Removal Pending)) visa;

(b) the visa is subject to a monitoring condition (within the meaning of subsection 76B(4));

(c) an instruction or specification under the monitoring condition has been given to the non-citizen;

(d) the direction would require the non-citizen to do, or not do, a thing that is substantially the same as the instruction or specification;

(e) the Minister has not, in writing:

(i) withdrawn the instruction or specification; or

(ii) confirmed that the instruction or specification has been complied with.

Children

(4) The Minister must not give a removal pathway direction to a removal pathway non-citizen if the non-citizen is a child under 18.

(5) However, if the parent or guardian of the child is a removal pathway non-citizen, the Minister may give a removal pathway direction in relation to the child to the parent or guardian.

Court or tribunal proceedings etc.

(6) The Minister must not give a removal pathway direction to a removal pathway non-citizen directing the non-citizen:

(a) not to commence, or to discontinue, court or tribunal proceedings; or

(b) to take or not take particular steps in the conduct of such proceedings; or

(c) not to make a visa application under this Act; or

(d) to withdraw a visa application made under this Act.