Offshore entry person
Statutory definition
Section 10A of the Migration Act 1958 (Cth) defines an offshore entry person as a non-citizen who entered Australia at an excised offshore place and did not hold a visa at the time of entry. "Excised offshore place" is defined in s 5(1) and includes Christmas Island, the Cocos (Keeling) Islands, Ashmore and Cartier Islands, and other places declared by the Minister.
Explanation
The offshore entry person classification was introduced as part of the offshore processing regime. A person who enters at an excised offshore place without a visa is not treated as having entered Australia for visa application purposes — they are subject to special processing rules and, since 2013, to the unauthorised maritime arrival provisions.
The key practical consequence is that an offshore entry person is generally barred from making a valid visa application (including a protection visa application) while onshore unless the Minister lifts the bar personally under s 46A.
How this term is used
The offshore entry person concept is largely subsumed by the broader unauthorised maritime arrival definition for contemporary purposes. Understanding the distinction is relevant for persons who arrived before 2013 or for historical cases involving the former detention and processing regime at excised offshore places.