Migration Act 1958 - General Direction under section 499 - Australia's Criminal Deportation Policy - Criminal Deportation under section 200 (Direction No. 9 of 1998)
OTHER CONSIDERATIONSOTHER CONSIDERATIONS
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OTHER CONSIDERATIONS
21. It is the Government’s view that in considering the issue of deportation other matters, although not primary considerations, will be relevant. It is appropriate that these matters be taken into account but given less weight than the primary considerations. These matters include:
(a) the degree of hardship which may be suffered by the potential deportee; and
(b) the degree of hardship to any Australian citizens or permanent residents, including the potential deportee’s family (other than children whose best interests are a primary consideration).
Decision makers should have due regard to the Government’s view in this respect.
The degree of hardship which may be suffered by the deportee
22. It is the Government’s view that factors to be considered here include:
(a) whether the offender has an ongoing marital or defacto relationship with an Australian citizen or Australian resident including an assessment of whether that person would leave with the potential deportee;
(b) while it is less likely that potential deportees who have spent the greater proportion of their formative years in Australia will be deported, it is not the Government’s intention that such people will never be deported.
(c) the degree and extent of the potential deportee’s ties with the likely country of return;
(d) the strength of other family, social or business ties in Australia;
(e) social ties developed after the liability for deportation arose, especially after the liability had been brought to the notice of the offender, may be given less weight; and
(f) the situation in the country of proposed return, including the overall environment, job opportunities, or the possibility of additional criminal sanctions. Civil or military hostilities are more likely to affect the timing of a deportation than to constitute a reason that the offender should continue to live permanently in Australia. Alternative places of return should be considered if the situation warrants such consideration.
Decision makers should have due regard to the Government’s view in this respect.
The degree of hardship to any Australian citizens or permanent residents, including the potential deportee's family
23. The best interests of any relevant children are a primary consideration and are not considered under this heading.
24. It is the Government’s view that factors to be considered here include:
(a) the effect deportation would have on any marital or de facto partner, including whether he or she would leave Australia with the deportee and whether this would impose undue hardship on the non-deportee partner;