To ensure adherence to strict visa regulations and security protocols, the Migration Act 1958 provides for other provisions about immigration clearance. These provisions are the following:
- Visa ceases if holder enters in way not permitted (s173)
- Visa ceases if holder remains without immigration clearance (s174)
- Departing person to present certain evidence etc. (s175)
- Determinations relating to kinds of passports (s175A)
- Collection, access and disclosure of information (s175B)
Since this article is about the other provisions about immigration clearance, this is only a continuation of our previous blog entries:
- Immigration Clearance: Migration Act 1958 (s165 to s168)
- Immigration Clearance: Evidence of Identity (s169 to 172)
You should read these articles first before you proceed with the below article on other provisions about immigration clearance.
Visa Ceases if Holder Enters in Way Not Permitted
What happens if the visa holder enters the country in a prohibited way? Some of the other provisions about immigration clearance is under Section 173.
This Section states that if the holder of a visa enters Australia in a way that contravenes section 43 (visa holders must enter at the port), or regulations to which that section is subject, the visa ceases to be in effect.
However, a maritime crew visa held by a non-citizen does not cease to be in effect under subsection (1) if:
- the non-citizen travels to and enters Australia by air; and
- at the time the non-citizen travels to and enters Australia, the non-citizen holds another class of visa that is in effect.
To avoid doubt, a non-citizen child who is taken to have been granted a visa or visas, at the time of the child’s birth, by virtue of the operation of section 78, is not to be taken, by virtue of that birth, to have entered Australia in a way that contravenes section 43 or regulations to which that section is subject.
Visa Ceases if Holder Remains Without Immigration Clearance
Other provisions about immigration clearance includes section 174. It states that if the visa holder remains without immigration clearance because he or she did not comply with section 166, the visa ceases to be in effect.
What does section 166 say? This section provides for the requirements related to the presentation of certain evidence of identity of persons who intend to enter Australia. Some of these evidence may include:
- Australian passport
- Prescribed other evidence of the person’s identity or Australian citizenship
- A valid visa, for non-citizens
- Any information required by the Migration Act
- Provide one or more personal identifiers
Departing Persons Must Present Certain Evidence
Other provisions about immigration clearance includes section 175. A clearance officer may require a person who is on board, or about to board, a vessel that is due to depart from a place in Australia to a place outside Australia to:
- Present the following evidence (including personal identifiers) to a clearance authority:
- if the person is a citizen – the person’s Australian passport or prescribed other evidence of the person’s identity and Australian citizenship;
- if the person is a non-citizen – evidence of the person’s identity and permission to remain in Australia.
- Provide to a clearance authority any information required by this Act or the regulations.
- Comply with any requirement made by a clearance officer under section 257A to provide one or more personal identifiers to a clearance authority.
- Provide to the authorised system a photograph or other image of the person’s face and shoulders.
Who may use an authorised system? This provision states that a person may present or provide evidence, information or personal identifiers to an authorised system only if:
- the person holds an eligible passport; and
- before the vessel leaves Australia, a clearance officer does not require the person to present or provide evidence, information or personal identifiers to a clearance officer; or
- a clearance officer determines that the person has complied with the requirement.
Also, section 175A stipulates that the Minister or the Secretary may, by law, determine that a specified kind of passport is an eligible passport.
Collection, Access and Disclosure of Information
Other provisions about immigration clearance also includes section 175B. This states that if a person presents or provides a document to a clearance authority, the clearance authority may collect information (including personal identifiers) in the document.
The following provisions apply to personal information (other than personal identifiers) collected in the same way as they apply to identifying information:
- section 336D (which authorises access to identifying information);
- section 336E (other than subsection 336E(1)) and section 336F (which authorise disclosure of identifying information);
- a provision of an instrument made under section 336D or 336F;
The effect of this is that this section does not, by implication, affect the interpretation of any other provision of this Act or an instrument made under this Act.
Importance of Immigration Clearance
The purpose of immigration clearance is three-fold: it safeguards the nation, fuels economic growth, and builds a welcoming and inclusive society. By ensuring a secure, fair, and efficient system, Australia welcomes newcomers who contribute meaningfully to the nation’s vibrant tapestry, shaping a brighter future for all.
Moreover, maintaining a robust and efficient immigration clearance system requires a collaborative effort. The Australian Border Force (ABF) manages border control, while government agencies work together to develop and implement effective visa policies.
Additionally, registered migration agents and lawyers provide invaluable guidance and support to individuals navigating the complexities of the immigration process.
Seek Professional Guidance from JB Solicitors
Australian immigration can feel overwhelming. From visa requirements to medical checks, security clearances, and family sponsorship, the sheer volume of paperwork and procedures can be too much, especially if your future in Australia hinges on getting it right.
That’s where a skilled and experienced migration lawyer from JB Solicitors comes in. We are your compass in Australia’s immigration system, guiding you through the process. If you have clarifications or questions regarding other provisions about immigration clearance, don’t hesitate to ask us. Take the first step towards your future in Australia today.
Contact us today and let us guide you through the process with confidence and expertise.