Circumstances in which Minister must not give a removal pathway direction
act-s199D — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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                       (i) withdrawn the instruction or specification; or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.