91LMinister may determine that section 91K does not apply to a non‑citizen

91L  Minister may determine that section 91K does not apply to a non‑citizen  (1) If the Minister thinks that it is in the public interest to do so, the Minister may, by written notice given to a particular non‑citizen, determine that section 91K does not apply to an application for a visa made by the non‑citizen in the period starting when the notice is given and ending at the end of the seventh working day after the day that the notice is given.  (3) If the Minister makes a determination under subsection (1), he or she is to cause to be laid before each House of the Parliament a statement that:  (b) sets out the reasons for the determination, referring in particular to the Minister’s reasons for thinking that his or her actions are in the public interest.  (c) if the Minister thinks that it would not be in the public interest to publish the name of another person connected in any way with the matter concerned—the name of that other person or any information that may identify that other person.  (5) A statement under subsection (3) is to be laid before each House of the Parliament within 15 sitting days of that House after:  (6) The Minister does not have a duty to consider whether to exercise the power under subsection (1) in respect of any non‑citizen, whether he or she is requested to do so by the non‑citizen or by any other person, or in any other circumstances. Subdivision AL—Other provisions about protection visas 91V  Verification of information Applicant for protection visa  (1) If an applicant for a protection visa has given information to the Minister or an officer in, or in connection with, the application for the visa, the Minister or an officer may, either orally or in writing, request the applicant to make an oral statement, on oath or affirmation, to the effect that the information is true.  (b) the applicant refuses or fails to comply with the request; and  (c) when the request was made, the applicant was given a warning, either orally or in writing, that the Minister may draw an inference unfavourable to the applicant’s credibility in the event that the applicant refuses or fails to comply with the request; then, in making a decision whether to grant the protection visa to the applicant, the Minister may draw any reasonable inference unfavourable to the applicant’s credibility.  (b) the applicant complies with the request; and  (c) the Minister has reason to believe that, because of:  (i) the manner in which the applicant complied with the request; or  (ii) the applicant’s demeanour in relation to compliance with the request;   the applicant was not sincere; then, in making a decision whether to grant the protection visa to the applicant, the Minister may draw any reasonable inference unfavourable to the applicant’s credibility. Non‑citizen refused immigration clearance  (a) either:  (i) a non‑citizen gave information to an officer when the non‑citizen was in immigration clearance, and the non‑citizen is subsequently refused immigration clearance; or  (ii) a non‑citizen was refused immigration clearance and subsequently gave information to an officer; and  (b) the information is relevant to the administration or enforcement of this Act or the regulations; an officer may, either orally or in writing, request the non‑citizen to make an oral statement, on oath or affirmation, to the effect that the information is true.  (a) the non‑citizen has been given a request under subsection (4); and  (b) the non‑citizen refuses or fails to comply with the request; and  (c) when the request was made, the non‑citizen was given a warning, either orally or in writing, that the Minister may draw an inference unfavourable to the non‑citizen’s credibility in the event that the non‑citizen refuses or fails to comply with the request; then, in making a decision about the non‑citizen under this Act or the regulations, the Minister may draw any reasonable inference unfavourable to the non‑citizen’s credibility.  (a) the non‑citizen has been given a request under subsection (4); and  (b) the non‑citizen complies with the request; and  (c) the Minister has reason to believe that, because of:  (i) the manner in which the non‑citizen complied with the request; or  (ii) the non‑citizen’s demeanour in relation to compliance with the request;   the non‑citizen was not sincere; then, in making a decision about the non‑citizen under this Act or the regulations, the Minister may draw any reasonable inference unfavourable to the non‑citizen’s credibility. Officer  (7) A reference in this section to an officer includes a reference to a person who is a clearance officer within the meaning of section 165. Oaths or affirmations  (8) The Minister or an officer may administer an oath or affirmation for the purposes of this section. 91W  Evidence of identity and bogus documents  (1) The Minister or an officer may, either orally or in writing, request an applicant for a protection visa to produce, for inspection by the Minister or the officer, documentary evidence of the applicant’s identity, nationality or citizenship.  (2) The Minister must refuse to grant the protection visa to the applicant if:  (b) the applicant refuses or fails to comply with the request, or produces a bogus document in response to the request; and  (c) the applicant does not have a reasonable explanation for refusing or failing to comply with the request, or for producing the bogus document; and  (d) when the request was made, the applicant was given a warning, either orally or in writing, that the Minister cannot grant the protection visa to the applicant if the applicant:  (i) refuses or fails to comply with the request; or  (ii) produces a bogus document in response to the request.  (3) Subsection (2) does not apply if the Minister is satisfied that the applicant:  (a) has a reasonable explanation for refusing or failing to comply with the request or producing the bogus document; and  (i) produces documentary evidence of his or her identity, nationality or citizenship; or  (ii) has taken reasonable steps to produce such evidence.  (4) For the purposes of this section, a person produces a document if the person produces, gives, presents or provides the document or causes the document to be produced, given, presented or provided. 91WA  Providing bogus documents or destroying identity documents  (1) The Minister must refuse to grant a protection visa to an applicant for a protection visa if:  (a) the applicant provides a bogus document as evidence of the applicant’s identity, nationality or citizenship; or  (b) the Minister is satisfied that the applicant:  (i) has destroyed or disposed of documentary evidence of the applicant’s identity, nationality or citizenship; or  (ii) has caused such documentary evidence to be destroyed or disposed of.  (2) Subsection (1) does not apply if the Minister is satisfied that the applicant:  (a) has a reasonable explanation for providing the bogus document or for the destruction or disposal of the documentary evidence; and  (i) provides documentary evidence of his or her identity, nationality or citizenship; or  (ii) has taken reasonable steps to provide such evidence.  (3) For the purposes of this section, a person provides a document if the person provides, gives or presents the document or causes the document to be provided, given or presented. 91WB  Application for protection visa by member of same family unit  (1) This section applies to a non‑citizen in Australia (the family applicant):  (a) who applies for a protection visa; and  (b) who is a member of the same family unit as a person (the family visa holder) who has been granted a protection visa.  (2) Despite anything else in this Act, the Minister must not grant the protection visa to the family applicant on the basis of a criterion mentioned in paragraph 36(2)(b) or (c) unless the family applicant applies for the protection visa before the family visa holder is granted a protection visa. 91X  Names of applicants for protection visas not to be published by the High Court, Federal Court or Federal Circuit and Family Court of Australia (Division 2)  (1) This section applies to a proceeding before the High Court, the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) if the proceeding relates to a person in the person’s capacity as:  (a) a person who applied for a protection visa; or  (b) a person who applied for a protection‑related bridging visa; or  (c) a person whose protection visa has been cancelled; or  (d) a person whose protection‑related bridging visa has been cancelled.  (2) The court must not publish (in electronic form or otherwise), in relation to the proceeding, the person’s name. application for a protection‑related bridging visa means an application for a bridging visa, where the applicant for the bridging visa is, or has been, an applicant for a protection visa. proceeding means a proceeding in a court, whether between parties or not, and includes an incidental proceeding in the course of, or in connection with, a proceeding, and also includes an appeal. protection‑related bridging visa means a bridging visa granted as a result of an application for a protection‑related bridging visa. Subdivision B—The “points” system