Immigration clearance
act-s172 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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.