197ERelevance of Ministerial intervention powers to removal of unlawful non‑citizens under section 198

197E  Relevance of Ministerial intervention powers to removal of unlawful non‑citizens under section 198

 (1) For the purposes of section 198, it is irrelevant whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to an unlawful non‑citizen.

 (a) an officer’s duty to remove as soon as reasonably practicable an unlawful non‑citizen under section 198 arises irrespective of whether the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to the unlawful non‑citizen; and

 (b) the fact that the Minister has been requested to exercise, or consider exercising, a Ministerial intervention power in relation to an unlawful non‑citizen is irrelevant to whether or not the removal of the unlawful non‑citizen is reasonably practicable for the purposes of section 198.

 (3) Subsection (1) applies whether a request is made by:

 (a) the unlawful non‑citizen; or

 (4) Subsection (1) applies whether or not a request has been drawn to the Minister’s attention.

Temporary suspension of duty to remove unlawful non‑citizens

 (5) Despite subsection (1), if the Minister decides to consider whether to exercise a Ministerial intervention power (whether on request or otherwise) in relation to an unlawful non‑citizen, section 198 does not require or authorise an officer to remove the non‑citizen from Australia during the period covered by subsection (6).

Note: Despite this subsection, an unlawful non‑citizen who asks the Minister, in writing, to be removed, must be removed under subsection 198(1) (see subsection (11) of this section).

Period during which duty to remove is suspended

 (6) For the purposes of subsection (5), the period is 6 months starting on the day (the start day) the Minister decides to consider whether to exercise the Ministerial intervention power in relation to the unlawful non‑citizen, unless:

 (a) before the end of that 6 month period, the unlawful non‑citizen has agreed, in writing, to a day occurring after the end of that 6 month period nominated, in writing, by the Minister—in which case the period ends on the agreed day (subject to paragraph (b)); or

 (b) the period ends earlier under subsection (7).

 (7) For the purposes of paragraph (6)(b), the period ends at the earliest of the following times:

 (a) the end of the day the Minister decides not to exercise the Ministerial intervention power in relation to the unlawful non‑citizen;

 (b) the end of the day the Minister decides to stop considering whether to exercise the power in relation to the non‑citizen;

 (c) if the Minister exercises the power in relation to the non‑citizen, and subsection (8) specifies a day—the end of that day;