When Registrar must issue departure authorisation certificate
72L When Registrar must issue departure authorisation certificate
This section applies if a person makes an application under section 72K for a departure authorisation certificate.
The Registrar must issue the departure authorisation certificate if the Registrar is satisfied:
that, if the certificate is issued:
it is likely that the person will depart from Australia and return to Australia within a period that the Registrar considers appropriate; and
it is likely that, within a period that the Registrar considers appropriate, the Registrar will be required by subsection 72I(1) to revoke the departure prohibition order in respect of the person; and
that it is not necessary for the person to give security under section 72M for the person’s return to Australia.
If the Registrar is not satisfied as mentioned in subsection (2), the Registrar must nevertheless issue the departure authorisation certificate if:
both:
the Registrar is satisfied that, if the certificate is issued, it is likely that, within a period that the Registrar considers appropriate, the Registrar will be required by subsection 72I(1) to revoke the departure prohibition order in respect of the person; and
the person has given security under section 72M for the person’s return to Australia; or
in a case where the Registrar is not satisfied as mentioned in subparagraph (a)(i) or the person is unable to give such security—the Registrar is satisfied:
that the certificate should be issued on humanitarian grounds; or
that refusing to issue the certificate will be detrimental to Australia’s interests.
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