Student Assistance Act 1973

This section applies if a person makes an application under section 43N for a departure authorisation certificate.

The Secretary must issue the departure authorisation certificate if the Secretary 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 Secretary considers appropriate; and

it is likely that, within a period that the Secretary considers appropriate, the Secretary will be required by subsection 43L(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 43Q for the person’s return to Australia.

If the Secretary is not satisfied as mentioned in subsection (2), the Secretary must issue the departure authorisation certificate if:

the person has given security under section 43Q for the person’s return to Australia; or

if the person is unable to give such security, the Secretary 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.