Migration Act 1958 - General Direction under section 499 - Australia's Criminal Deportation Policy - Criminal Deportation under section 200 (Direction No. 9 of 1998)
PRIMARY CONSIDERATIONSPRIMARY CONSIDERATIONS
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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).
PRIMARY CONSIDERATIONS
5. The Government is mindful of the need to balance a number of important factors in reaching a decision whether or not to deport a potential deportee. In making such a decision, a decision maker should have regard to two primary considerations and a number of other considerations. The primary considerations are set out at paragraph six (6), and two other common considerations are set out in paragraph seven (7). A decision maker should have due regard to the importance placed by the Government on the two primary considerations, but should also adopt a balancing process which takes into account all relevant considerations.
6. In making a decision whether or not to deport a non-citizen, there are two primary considerations:
(a) the expectations of the Australian community; and
(b) in all cases involving a parental relationship between a child or children and the potential deportee, the best interests of the child or children.
7. In addition, there will be other considerations that will be relevant in individual cases. Two of the most common are:
(a) the degree of hardship which may reasonably be expected to be suffered by the potential deportee; and
(b) the degree of hardship to Australian citizens or permanent residents that would reasonably be expected to flow from deportation.