Section 13 — Lawful non-citizens
Text of provision
(1) A non-citizen in the migration zone who holds a visa that is in effect is a lawful non-citizen.
(2) An allowed inhabitant of the Protected Zone who is in a protected area in connection with the performance of traditional activities is a lawful non-citizen.
Plain English
A lawful non-citizen is a non-citizen who is present in the migration zone and holds a visa that is currently in effect. This is the basic status that authorises a non-citizen to be in Australia.
Section 13(2) provides a limited exception for allowed inhabitants of the Protected Zone (the Torres Strait region) who are in a protected area in connection with traditional activities — these persons are lawful non-citizens even without a visa.
Practical effect
Lawful non-citizen status is tied to holding a valid visa — not citizenship or residency. A permanent resident is a lawful non-citizen. A person on a bridging visa is a lawful non-citizen during the bridging period. A person whose visa has been cancelled or has expired is no longer a lawful non-citizen (subject to any bridging visa protection).
The distinction between lawful and unlawful non-citizens determines a person's rights and obligations under the Act. Unlawful non-citizens must be detained under s 189 and are subject to removal under s 198.