# Deportation of non-citizens upon security grounds

> act-s202 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

202 Deportation of non-citizens upon security grounds
          (1) Where:
                (a) it appears to the Minister that the conduct (whether in
                    Australia or elsewhere and either before or after the
                    commencement of this subsection) of a non-citizen referred
                    to in paragraph 201(b) constitutes, or has constituted, a threat
                    to security; and
                (b) the Minister has been furnished with an adverse security
                    assessment in respect of the non-citizen by the Organisation,
                    being an assessment made for the purposes of this
                    subsection;
              then, subject to this section, section 200 applies to the non-citizen.
          (2) Where:
                (a) subsection (1) applies in relation to a non-citizen;
                (b) the adverse security assessment made in respect of the
                    non-citizen is not an assessment to which a certificate given
                    in accordance with paragraph 38(2)(a) of the Australian
                    Security Intelligence Organisation Act 1979 applies; and
                (c) the non-citizen applies to the ART for a review of the
                    security assessment and the ART, after reviewing the
                    assessment, finds that the security assessment should not
                    have been an adverse security assessment;
              section 200 does not apply to the non-citizen.
          (3) Where:
               (a) subsection (1) applies in relation to a non-citizen;
               (b) the adverse security assessment made in respect of the
                   non-citizen is an assessment to which a certificate given in
                   accordance with paragraph 38(2)(a) of the Australian
                   Security Intelligence Organisation Act 1979 applies; and
               (c) the Attorney-General has, in accordance with section 65 of
                   that Act, required the ART to review the assessment;










               section 200 does not apply to the non-citizen unless the ART
               confirms the assessment.
          (4) A notice given by the Minister pursuant to subsection 38(1) of the
              Australian Security Intelligence Organisation Act 1979 informing
              a person of the making of an adverse security assessment, being an
              assessment made for the purposes of subsection (1) of this section,
              shall contain a statement to the effect that the assessment was made
              for the purposes of subsection (1) of this section and that the
              person may be deported under section 200 because of section 202.
          (5) Section 19 (ART may extend period) of the ART Act does not
              apply in relation to an application to the ART for a review of an
              adverse security assessment made for the purposes of
              subsection (1) of this section.
          (6) In this section:
               adverse security assessment, security assessment and Tribunal
               have the same meanings as they have in Part IV of the Australian
               Security Intelligence Organisation Act 1979.
               Organisation means the Australian Security Intelligence
               Organisation.
               security has the meaning given by section 4 of the Australian
               Security Intelligence Organisation Act 1979.