Section 503 — Exclusion of certain persons from Australia
Text of provision
(1) A person in relation to whom a decision has been made:
(a) under section 200 because of circumstances specified in section 201; or
(b) under section 501, 501A, 501B or 501BA; or
(c) to refuse under section 65 to grant a protection visa relying on subsection 5H(2) or 36(1C); is not entitled to enter Australia or to be in Australia at any time during the period determined under the regulations.
(2) The period referred to in subsection (1) commences, in the case of a person who has been deported or removed from Australia, when the person is so deported or removed.
(3) Different periods may be prescribed under subsection (1) in relation to different situations.
(4) This section does not apply to a holder of a criminal justice visa or to a holder of a permanent visa that was granted by the Minister acting personally.
Plain English
Section 503 authorises the Minister to exclude from Australia (or bar from being granted a visa) persons who have been convicted of serious offences in Australia or overseas, or who constitute a threat to national security, the Australian community, or public order. The exclusion may apply even to persons who hold a visa.
Practical effect
Section 503 sits alongside the character test in s 501 as a tool for managing security and character-based concerns. Key points:
- Relationship to s 501 — s 503 applies in circumstances where the person has been identified as a threat, while s 501 focuses on whether the person passes the character test; both may apply to the same person
- ASIO and security matters — adverse security assessments by ASIO may support action under s 503; the classified nature of such assessments means affected persons have limited ability to respond
- Sections 503A–503E — these companion provisions protect confidential information provided by law enforcement agencies, by making it an offence to disclose such information and by restricting its use in proceedings
- Non-disclosure — persons subject to s 503 action based on classified information may not be able to see the information used against them; the courts have grappled with the procedural fairness implications
The confidentiality regime in ss 503A–503E was upheld as constitutionally valid in MZXOT v Minister for Immigration and related cases, though the balance between national security and procedural fairness remains contested.