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Migration Act 1958 - General Direction under section 499 - Australia's Criminal Deportation Policy - Criminal Deportation under section 200 (Direction No. 9 of 1998)
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Turn the raw legal text into a practical explanation grounded in Migration Act 1958 - General Direction under section 499 - Australia's Criminal Deportation Policy - Criminal Deportation under section 200 (Direction No. 9 of 1998).
32. It is the Government’s view that deportation for criminal offences should normally only occur after the custodial portion of the person’s sentence has been completed. Decision makers should have due regard to the Government’s view in this respect. It is for the appropriate State authorities, or the Governor-General in the case of Commonwealth prisoners, to decide the conditions under which a prisoner is to serve a sentence, the extent of remission of any part of a sentence, or the release of a potential deportee on licence, or on parole, for the purpose of deportation.
33. It is the Government’s view that whenever possible, a deportee’s departure from Australia should be arranged to coincide with the deportee’s release from prison. A deportee may continue be held in custody pursuant to the Migration Act pending finalisation of appropriate deportation arrangements and cannot expect to enjoy any period at liberty within the Australian community between the expiration of their penal servitude and deportation from Australia. Decision makers should have due regard to the Government’s view in this respect.