Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 (3 of 2019)

Schedule 1   Amendments relating to removal

Migration Act 1958

2   Paragraph 42(2A)(d)

Repeal the paragraph, substitute:

(d) if:

(i) an attempt to remove the non-citizen under section 198 to another country was made but the removal was not completed; and

(ii) the non-citizen travels to Australia as a direct result of the removal not being completed; and

(iii) the non-citizen is a person who would, if in the migration zone, be an unlawful non-citizen; or

(da) if:

(i) the non-citizen has been removed under section 198 to another country but the non-citizen does not enter the other country; and

(ii) the non-citizen travels to Australia as a direct result of not entering the other country; and

(iii) the non-citizen is a person who would, if in the migration zone, be an unlawful non-citizen; or