Section 14 — Unlawful non-citizens
Text of provision
(1) A non-citizen in the migration zone who is not a lawful non-citizen is an unlawful non-citizen.
(2) To avoid doubt, a non-citizen in the migration zone who, immediately before 1 September 1994, was an illegal entrant within the meaning of the Migration Act as in force then became, on that date, an unlawful non-citizen.
Plain English
An unlawful non-citizen is a non-citizen who is in the migration zone without holding a visa in effect. This includes persons who:
- entered Australia without a valid visa;
- held a visa that has since expired or been cancelled; or
- held a visa whose conditions were breached, causing it to cease.
Section 14(2) preserves the status of persons who were "illegal entrants" under the pre-1994 Act — they became unlawful non-citizens on 1 September 1994.
Practical effect
Unlawful non-citizen status has immediate legal consequences. Under s 189, an officer who knows or reasonably suspects a person is an unlawful non-citizen must detain that person. Under s 198, an officer must remove an unlawful non-citizen as soon as reasonably practicable.
A bridging visa automatically comes into effect for certain applicants (such as persons who apply for a visa before their current visa expires) to prevent them from becoming unlawful non-citizens during the processing period.