# Visa applications by certain nationals of a removal concern country

> act-s199G — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

199G Visa applications by certain nationals of a removal concern
         country
          (1) An application for a visa by a non-citizen is not a valid application
              if, at the time the application is made:
                (a) the non-citizen is a national of one or more removal concern
                      countries; and
                (b) the non-citizen is outside Australia.

               Exceptions to bar on visa application
          (2) Subsection (1) does not apply in relation to an application for a
              visa by a non-citizen if:
                (a) both of the following apply:








                        (i) the non-citizen is a national of a country (within the
                            meaning of subsection 199F(9)) that is not a removal
                            concern country;
                       (ii) the non-citizen holds a passport issued by that country
                            that is in force; or
                 (b) the non-citizen is 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
                 (c) the non-citizen is the parent of a child who is under 18 and in
                      Australia; or
                 (d) the application is for the grant of a Refugee and
                      Humanitarian (Class XB) visa (within the meaning of
                      section 39A); or
                 (e) the non-citizen is included in a class of persons determined in
                      an instrument made under subsection (3) of this section; or
                  (f) the application is for the grant of a visa of a class determined
                      in an instrument made under subsection (3) of this section.
          (3) The Minister may, by legislative instrument, determine the
              following:
                (a) a class of persons for the purposes of paragraph (2)(e);
                (b) a class of visa for the purposes of paragraph (2)(f).

               Minister may determine bar on visa application does not apply
          (4) If the Minister thinks that it is in the public interest to do so, the
              Minister may, by written notice given to a non-citizen, determine
              that subsection (1) does not apply to an application by the
              non-citizen for a visa of a class specified in the determination.
          (5) A determination under subsection (4) may provide that it has effect
              only for the period specified in the determination and, if it does so,










               the determination ceases to have effect at the end of the specified
               period.
          (6) The Minister may, by written notice given to a non-citizen, vary or
              revoke a determination made under subsection (4) in relation to the
              non-citizen if the Minister thinks that it is in the public interest to
              do so.
          (7) The power under subsection (4) or (6) may only be exercised by
              the Minister personally.
          (8) The Minister does not have a duty to consider whether to exercise
              the power under subsection (4) or (6) in respect of any non-citizen,
              whether the Minister is requested to do so by the non-citizen or by
              any other person, or in any other circumstances.










Division 9—Deportation