Commonwealth Consolidated Acts

MIGRATION ACT 1958 - SECT 202

  (1)   Where:

  (a)   it appears to the Minister that the conduct (whether in Australia or elsewhere and either before or after the commencement of this subsection) of a non - citizen referred to in paragraph   201(b) constitutes, or has constituted, a threat to security; and

  (b)   the Minister has been furnished with an adverse security assessment in respect of the non - citizen by the Organisation, being an assessment made for the purposes of this subsection;

then, subject to this section, section   200 applies to the non - citizen.

  (2)   Where:

  (a)   subsection   (1) applies in relation to a non - citizen;

  (b)   the adverse security assessment made in respect of the non - citizen is not an assessment to which a certificate given in accordance with paragraph   38(2)(a) of the Australian Security Intelligence Organisation Act 1979 applies; and

  (c)   the non - citizen applies to the ART for a review of the security assessment and the ART, after reviewing the assessment, finds that the security assessment should not have been an adverse security assessment;

section   200 does not apply to the non - citizen.

  (3)   Where:

  (a)   subsection   (1) applies in relation to a non - citizen;

  (b)   the adverse security assessment made in respect of the non - citizen is an assessment to which a certificate given in accordance with paragraph   38(2)(a) of the Australian Security Intelligence Organisation Act 1979 applies; and

  (c)   the Attorney - General has, in accordance with section   65 of that Act, required the ART to review the assessment;

section   200 does not apply to the non - citizen unless the ART confirms the assessment.

  (4)   A notice given by the Minister pursuant to subsection   38(1) of the Australian Security Intelligence Organisation Act 1979 informing a person of the making of an adverse security assessment, being an assessment made for the purposes of subsection   (1) of this section, shall contain a statement to the effect that the assessment was made for the purposes of subsection   (1) of this section and that the person may be deported under section   200 because of section   202.

  (5)   Section   19 (ART may extend period) of the ART Act does not apply in relation to an application to the ART for a review of an adverse security assessment made for the purposes of subsection   (1) of this section.

  (6)   In this section:

"adverse security assessment" , security assessment and Tribunal have the same meanings as they have in Part   IV of the Australian Security Intelligence Organisation Act 1979 .

"Organisation" means the Australian Security Intelligence Organisation.

"security" has the meaning given by section   4 of the Australian Security Intelligence Organisation Act 1979 .