Section 197AA — Ministerial direction relating to removal
Text of provision
This Subdivision applies to a person who is required or permitted by section 189 to be detained, or who is in detention under that section.
Plain English
Section 197AA provides that the Minister may direct that an unlawful non-citizen who would otherwise be subject to removal under s 198 is not to be removed. This direction may be given where the Minister considers it is in the public interest to do so. The direction suspends the obligation to remove the person until the direction is revoked or the person is granted a visa.
Practical effect
The s 197AA direction is typically used to prevent removal pending a ministerial intervention decision or to allow time for a complex legal issue (such as statelessness or a pending court challenge) to be resolved. Unlike the grant of a visa, the direction does not regularise the person's status — they remain an unlawful non-citizen. The direction provides a temporary reprieve from removal but does not affect other aspects of the person's legal situation, including their detention status if they are being held.