# Application of law to certain non-citizens while they remain in immigration detention

> act-s193 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

193 Application of law to certain non-citizens while they remain in
          immigration detention
          (1) Sections 194 and 195 do not apply to a person:








                 (a) detained under subsection 189(1):
                       (i) on being refused immigration clearance; or
                      (ii) after bypassing immigration clearance; or
                     (iii) after being prevented from leaving a vessel under
                           section 249; or
                     (iv) because of a decision the Minister has made personally
                           under section 501, 501A, 501B or 501BA to refuse to
                           grant a visa to the person or to cancel a visa that has
                           been granted to the person; or
                 (b) detained under subsection 189(1) who:
                       (i) has entered Australia after 30 August 1994; and
                      (ii) has not been immigration cleared since last entering; or
                 (c) detained under subsection 189(2), (3), (3A) or (4); or
                 (d) detained under section 189 who:
                       (i) held an enforcement visa that has ceased to be in effect;
                           and
                      (ii) has not been granted a substantive visa since the
                           enforcement visa ceased to be in effect.
          (2) Apart from section 256, nothing in this Act or in any other law
              (whether written or unwritten) requires the Minister or any officer
              to:
               (aa) give a person covered by subsection (1) an application form
                    for a visa; or
                (a) advise a person covered by subsection (1) as to whether the
                    person may apply for a visa; or
                (b) give a person covered by subsection (1) any opportunity to
                    apply for a visa; or
                (c) allow a person covered by subsection (1) access to advice
                    (whether legal or otherwise) in connection with applications
                    for visas.
          (3) If:
                (a) a person covered by subsection (1) has not made a complaint
                    in writing to the Australian Human Rights Commission,









                      paragraph 20(6)(b) of the Australian Human Rights
                      Commission Act 1986 does not apply to the person; and
                  (c) a person covered by subsection (1) has not made a complaint
                      to the Postal Industry Ombudsman, paragraph 7(3)(b) of the
                      Ombudsman Act 1976 (as that paragraph applies because of
                      section 19R of that Act) does not apply to the person.

          (4) This section applies to a person covered by subsection (1) for as
              long as the person remains in immigration detention.