# Arrival control determination does not apply in relation to certain kinds of non-citizens

> act-s84C — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

84C Arrival control determination does not apply in relation to
         certain kinds of non-citizens
          (1) An arrival control determination does not apply at a particular time
              in relation to a non-citizen if, at that time, the non-citizen holds:
                (a) a protection visa that is a temporary visa; or
                (b) a temporary safe haven visa; or
                (c) a visa classified by the regulations as a Temporary
                     (Humanitarian Concern) (Class UO) visa; or
                (d) a bridging visa granted as a result of an application for a visa
                     of a kind referred to in any of paragraphs (a), (b) or (c).
               Note 1:      A protection visa is a visa of a class provided for by section 35A.
                            Examples of protection visas that are temporary visas include
                            temporary protection visas (see subsection 35A(3)) and safe haven
                            enterprise visas (see subsection 35A(3A)).










               Note 2:      An arrival control determination does not cause permanent visas to
                            cease to be in effect (see subsection 84E(1)). As a result, permanent
                            visas such as permanent protection visas, or visas classified by the
                            regulations as a Refugee and Humanitarian (Class XB) visa are not
                            affected by an arrival control determination.

          (2) Subsection (1) has effect in relation to a visa holder regardless of
              whether the visa is granted before, on or after the time the
              determination comes into force.
          (3) An arrival control determination does not apply at any time in
              relation to a non-citizen if the non-citizen is in the migration zone
              at the time the determination commences.
          (4) An arrival control determination does not apply in relation to a
              non-citizen at a particular time if, at that time, the non-citizen is:
               (a) 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
               (b) the parent of a child who is under 18 and who is in Australia;
                   or
               (c) the subject of a permitted travel certificate that is in force.
               Note:        An arrival control determination does not apply to a non-citizen if the
                            Minister issues a permitted travel certificate in relation to the
                            non-citizen (see subsection 84D(1)). Under subsection 84D(5), a
                            permitted travel certificate may not be revoked while the non-citizen
                            is in the migration zone.

          (5) Subsections (1), (3) and (4) apply despite anything in an arrival
              control determination.