# Circumstances in which a non-citizen has no lawful right to come to Australia

> act-s228B — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

228B Circumstances in which a non-citizen has no lawful right to
         come to Australia
          (1) For the purposes of this Subdivision, a non-citizen has, at a
              particular time, no lawful right to come to Australia if, at that time:
               (a) the non-citizen does not hold a visa that is in effect; and
               (b) the non-citizen is not covered by an exception referred to in
                    subsection 42(2) or (2A); and
               (c) the non-citizen is not permitted by regulations under
                    subsection 42(3) to travel to Australia without a visa that is in
                    effect.
          (2) To avoid doubt, a reference in subsection (1) to a non-citizen
              includes a reference to a non-citizen seeking protection or asylum
              (however described), whether or not Australia has, or may have,
              protection obligations in respect of the non-citizen because the
              non-citizen is or may be a refugee, or for any other reason.