Migration Act 1958

A person is immigration cleared if, and only if:

the person:

enters Australia at a port; and

complies with section 166; and

leaves the port at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or

the person:

enters Australia otherwise than at a port; and

complies with section 166; and

leaves the prescribed place at which the person complied and so leaves with the permission of a clearance authority and otherwise than in immigration detention; or

the person:

enters Australia by virtue of the operation of section 10; and

at the time of the person’s birth, had at least one parent who was immigration cleared on his or her last entry into Australia; or

the person is refused immigration clearance, or bypasses immigration clearance, and is subsequently granted a substantive visa; or

the person is in a prescribed class of persons.

A person is in immigration clearance if the person:

is with an officer or at an authorised system for the purposes of section 166; and

has not been refused immigration clearance.

A person is refused immigration clearance if the person:

is with a clearance officer for the purposes of section 166; and

satisfies one or more of the following subparagraphs:

the person has his or her visa cancelled;

the person refuses, or is unable, to present to a clearance officer evidence referred to in paragraph 166(1)(a);

the person refuses, or is unable, to provide to a clearance officer information referred to in paragraph 166(1)(b);

the person refuses, or is unable, to comply with any requirement referred to in paragraph 166(1)(c) to provide one or more personal identifiers to a clearance officer.

A person, other than a person who is refused immigration clearance, bypasses immigration clearance if:

the person:

enters Australia at a port; and

is required to comply with section 166; and

leaves that port without complying; or

the person:

enters Australia otherwise than at a port; and

is required to comply with section 166; and

does not comply within the prescribed period for doing so.