228BCircumstances in which a non‑citizen has no lawful right to come to Australia

228B  Circumstances in which a non‑citizen has no lawful right to come to Australia  (1) For the purposes of this Subdivision, a non‑citizen has, at a particular time, no lawful right to come to Australia if, at that time:  (a) the non‑citizen does not hold a visa that is in effect; and  (b) the non‑citizen is not covered by an exception referred to in subsection 42(2) or (2A); and  (c) the non‑citizen is not permitted by regulations under subsection 42(3) to travel to Australia without a visa that is in effect.  (2) To avoid doubt, a reference in subsection (1) to a non‑citizen includes a reference to a non‑citizen seeking protection or asylum (however described), whether or not Australia has, or may have, protection obligations in respect of the non‑citizen because the non‑citizen is or may be a refugee, or for any other reason.