Section 84C — Arrival control determination does not apply in relation to certain kinds of non-citizens

84C Arrival control determination does not apply in relation to certain kinds of non-citizens

(1) An arrival control determination does not apply at a particular time in relation to a non-citizen if, at that time, the non-citizen holds:

(a) a protection visa that is a temporary visa; or

(b) a temporary safe haven visa; or

(c) a visa classified by the regulations as a Temporary (Humanitarian Concern) (Class UO) visa; or

(d) a bridging visa granted as a result of an application for a visa of a kind referred to in any of paragraphs (a), (b) or (c).

Note 1: A protection visa is a visa of a class provided for by section 35A. Examples of protection visas that are temporary visas include temporary protection visas (see subsection 35A(3)) and safe haven enterprise visas (see subsection 35A(3A)).

Note 2: An arrival control determination does not cause permanent visas to cease to be in effect (see subsection 84E(1)). As a result, permanent visas such as permanent protection visas, or visas classified by the regulations as a Refugee and Humanitarian (Class XB) visa are not affected by an arrival control determination.

(2) Subsection (1) has effect in relation to a visa holder regardless of whether the visa is granted before, on or after the time the determination comes into force.

(3) An arrival control determination does not apply at any time in relation to a non-citizen if the non-citizen is in the migration zone at the time the determination commences.

(4) An arrival control determination does not apply in relation to a non-citizen at a particular time if, at that time, the non-citizen is:

(a) the spouse, de facto partner or dependent child (within the meaning of the regulations) of:

(i) an Australian citizen; or

(ii) the holder of a permanent visa that is in effect; or

(iii) a person who is usually resident in Australia and whose continued presence in Australia is not subject to a limitation as to time imposed by law; or

(b) the parent of a child who is under 18 and who is in Australia; or

(c) the subject of a permitted travel certificate that is in force. Note: An arrival control determination does not apply to a non-citizen if the Minister issues a permitted travel certificate in relation to the non-citizen (see subsection 84D(1)). Under subsection 84D(5), a permitted travel certificate may not be revoked while the non-citizen is in the migration zone.

(5) Subsections (1), (3) and (4) apply despite anything in an arrival control determination.