# Visa applications by unauthorised maritime arrivals

> act-s46A — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

46A Visa applications by unauthorised maritime arrivals
          (1) An application for a visa is not a valid application if it is made by
              an unauthorised maritime arrival who:
                (a) is in Australia; and
               (b) either:
                      (i) is an unlawful non-citizen; or
                     (ii) holds a bridging visa or a temporary protection visa, or
                          a temporary visa of a kind (however described)
                          prescribed for the purposes of this subparagraph.
                      Note:    Temporary protection visas are provided for by
                               subsection 35A(3).

        (1A) Subsection (1) does not apply in relation to an application for a
             visa if:
               (a) either:
                      (i) the applicant holds a safe haven enterprise visa (see
                          subsection 35A(3A)); or
                     (ii) the applicant is a lawful non-citizen who has ever held a
                          safe haven enterprise visa; and
              (b) the application is for a visa prescribed for the purposes of this
                    paragraph; and
               (c) the applicant satisfies any employment, educational or social
                    security benefit requirements prescribed in relation to the
                    safe haven enterprise visa for the purposes of this paragraph.
          (2) If the Minister thinks that it is in the public interest to do so, the
              Minister may, by written notice given to an unauthorised maritime
              arrival, determine that subsection (1) does not apply to an
              application by the unauthorised maritime arrival for a visa of a
              class specified in the determination.
        (2A) A determination under subsection (2) 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.










        (2B) The period specified in a determination may be different for
             different classes of unauthorised maritime arrivals.
        (2C) The Minister may, in writing, vary or revoke a determination made
             under subsection (2) if the Minister thinks that it is in the public
             interest to do so.
          (3) The power under subsection (2) or (2C) may only be exercised by
              the Minister personally.
          (4) If the Minister makes, varies or revokes a determination under this
              section, the Minister must cause to be laid before each House of
              the Parliament a statement that:
                (a) sets out the determination, the determination as varied or the
                     instrument of revocation; and
                (b) sets out the reasons for the determination, variation or
                     revocation, referring in particular to the Minister’s reasons
                     for thinking that the Minister’s actions are in the public
                     interest.
          (5) A statement under subsection (4) must not include:
               (a) the name of the unauthorised maritime arrival; or
               (b) any information that may identify the unauthorised maritime
                    arrival; or
               (c) if the Minister thinks that it would not be in the public
                    interest to publish the name of another person connected in
                    any way with the matter concerned—the name of that other
                    person or any information that may identify that other person.
          (6) A statement under subsection (4) must be laid before each House
              of the Parliament within 15 sitting days of that House after:
                (a) if the determination is made between 1 January and 30 June
                    (inclusive) in a year—1 July in that year; or
               (b) if the determination is made between 1 July and
                    31 December (inclusive) in a year—1 January in the
                    following year.
          (7) The Minister does not have a duty to consider whether to exercise
              the power under subsection (2) or (2C) in respect of any








               unauthorised maritime arrival whether the Minister is requested to
               do so by the unauthorised maritime arrival or by any other person,
               or in any other circumstances.