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

Schedule 1   Amendments relating to removal

Migration Act 1958

3   After subsection 48(1A)

Insert:

(1B) If:

(a) an attempt was made to remove a non-citizen from the migration zone under section 198 but the removal was not completed; and

(b) the non-citizen is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(d);

then, for the purposes of this section (which applies only in respect of applications made while a non-citizen is in the migration zone), the non-citizen is taken to have been continuously in the migration zone despite the attempted removal.

Note: Paragraph 42(2A)(d) relates to the travel of a non-citizen to Australia after an attempt to remove the non-citizen has been made under section 198.