Migration Act 1958 - General Direction under section 499 - Australia's Criminal Deportation Policy - Criminal Deportation under section 200 (Direction No. 9 of 1998)
THE BEST INTERESTS OF THE CHILDTHE BEST INTERESTS OF THE CHILD
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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).
THE BEST INTERESTS OF THE CHILD
16. It is the Government’s view that the decision maker must determine the best interests of any children aged less than 18 years who are in a parent-child or other close relationship with the potential deportee.
• The potential deportee’s children who are aged 18 years or more have attained the age of legal majority. The interests of these children are not considered under this heading but are considered under the heading of “The degree of hardship to other Australian citizens or permanent residents, including the potential deportee’s family” at page 10.
Decision makers should have due regard to the Government’s view in this respect.
17. It is the Government’s view that where there are two or more relevant children, the best interests of each child should be considered separately and also together with each other and with other members of the family. It should not be assumed that the interests of each child will coincide, and it may be that the bests interests of one child may indicate that the potential deportee should not be deported, but that the best interests of another child may point towards deportation. Decision makers should have due regard to the Government’s view in this respect.
18. It is the Government’s view that, in general, the starting point for any consideration of the best interests of the child would be that the child’s best interests will be served if the child remains with its parents. Countervailing considerations, which may point to the child’s best interests being served by separation from the potential deportee, include, but are not limited to:
(a) any evidence that the potential deportee has abused or neglected the child in any way, including physical, sexual and/or mental abuse; or
(b) any evidence that the child has suffered or experienced any physical or emotional trauma arising from the potential deportee’s unlawful conduct.
Decision makers should have due regard to the Government’s view in this respect.
19. It is the Government’s view that when considering what are the best interests of the child or children, regard should be had to:
(a) the nature of the relationship to potential deportee;
(b) whether the child is an Australian citizen or permanent resident;
(c) the likely effect that any separation from the potential deportee would have on the child or children;
(d) the likely effect on the child or children of leaving Australia if the parents decided to take the child or children with them from Australia; and
(e) the impact of the potential deportee’s prior conduct on the child.
Decision makers should have due regard to the Government’s view in this respect.