Relevance of Ministerial intervention powers to deportation
act-s206A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

206A Relevance of Ministerial intervention powers to deportation
          (1) For the purposes of:
                 (a) determining whether section 200 applies to a non-citizen; or
                (b) executing a deportation order in relation to a non-citizen
                      under subsection 206(1);
              it is irrelevant whether the Minister has been requested to exercise,
              or consider exercising, a Ministerial intervention power in relation
              to the non-citizen.
          (2) Subsection (1) applies whether a request is made by:
               (a) the non-citizen; or
               (b) an officer of the Department; or
               (c) any other person.
          (3) Subsection (1) applies whether or not a request has been drawn to
              the Minister’s attention.

               Temporary suspension of deportation
          (4) Despite subsection (1), if the Minister decides to consider whether
              to exercise a Ministerial intervention power (whether on request or
              otherwise) in relation to a non-citizen, the Minister must not order









               the deportation of the non-citizen, and the non-citizen must not be
               deported, during the period covered by subsection (5).

               Period during which deportation is suspended
          (5) For the purposes of subsection (4), the period is 6 months starting
              on the day (the start day) the Minister decides to consider whether
              to exercise the Ministerial intervention power in relation to the
              non-citizen, unless:
                (a) before the end of that 6 month period, the non-citizen has
                    agreed, in writing, to a day occurring after the end of that 6
                    month period nominated, in writing, by the Minister—in
                    which case the period ends on the agreed day (subject to
                    paragraph (b)); or
                (b) the period ends earlier under subsection (6).
          (6) For the purposes of paragraph (5)(b), the period ends at the earlier
              of the following times:
                (a) the end of the day the Minister decides not to exercise the
                    power in relation to the non-citizen;
               (b) the end of the day the Minister decides to stop considering
                    whether to exercise the power in relation to the non-citizen;
                (c) if the Minister exercises the power in relation to the
                    non-citizen, and subsection (7) specifies a day—the end of
                    that day;
               (d) if the Minister exercises the power in relation to the
                    non-citizen but the exercise does not result in the non-citizen
                    being able to make a visa application—the end of the day
                    that the Minister exercises the power.
          (7) For the purposes of paragraph (6)(c), this subsection specifies the
              following days:
                (a) in a case where, as a consequence of the exercise of the
                    Ministerial intervention power, the non-citizen may make a
                    visa application within a specified period—the last day of the
                    period in which the non-citizen could make the visa
                    application;









                 (b) in any other case where, as a consequence of the exercise of
                     the power, the non-citizen may make a visa application—
                     whichever of the following days occurs first:
                       (i) the last day of the period determined by the Minister in
                           which the non-citizen could make the visa application;
                      (ii) the day that is 3 months after the Minister exercises the
                           power.










Division 10—Costs etc. of removal and deportation