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Joint Standing Committee on Migration

Deportation of Non-Citizen Criminals

Table of Contents

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Foreword (PDF format)

Acknowledgements (PDF format)

Committee membership (PDF format)

Terms of Reference (PDF format)

Abbreviations (PDF format)

Conclusions and Recommendations (PDF format)

Chapter One - The inquiry (PDF format)

    Introduction to the inquiry
    Ministerial concerns
    Conduct of the inquiry
    Definitions

Chapter Two - The existing deportation arrangements (PDF format)

    Introduction
    Rationale for deportation
    Deportation is not a second punishment
    International law obligations
    History of expulsion provisions
    Existing deportation provisions
    Other deportation issues
    Deportation policies
    Administrative practices
    Deportation statistics

Chapter Three - Review of deportation decisions (PDF format)

    Introduction
    Current review framework
    Proposals for amending review arrangements
    Conclusion on the review of deportation decisions

Chapter Four - The ten year rule (PDF format)

    Introduction to the ten year rule
    Concerns with the ten year rule
    Juvenile immigrants
    Former refugees
    Convictions for very serious offences
    Repeat offenders
    Mandatory deportation

Chapter Five- Arrangements with state and territory governments (PDF format)

    Introduction
    Identification of potential deportees
    The most appropriate time for deportation hearings
    Security classification of deportees
    DIMA's information gathering powers
    Memorandum of understanding

Chapter Six - Weighing parties' views on deportation (PDF format)

    Views considered in deportation inquiries
    Weight to be given to the criminal non-citizen's views
    Weight to be given to the interests of the potential deportee's children
    Weight to be given to the views of other family members
    Consideration of victims' views

Chapter Seven - Removal of criminals (PDF format)

    Introduction
    Overview of removal legislation
    Permanent residents liable to deportation and removal
    Proposed changes to removal legislation
    Adequacy of the removal power to deal with non-residents convicted of crimes
    Exclusion periods for unlawful non-citizens removed after criminal conviction
    The problem of having different exclusion periods

Chapter Eight - Adequacy of existing deportation arrangements (PDF format)

    Widening liability to criminal deportation
    Liability arising through a "death" sentence
    The deportation exclusion period
    Strengthening the ministerial policy statement
    DIMA support for deportees
    Bilateral arrangements with other countries
    Deportations to places other than the country of nationality
    Committee conclusion on the adequacy of existing deportation arrangements

Appendix One - List of submissions (PDF format)

Appendix Two - List of witnesses at public hearings (PDF format)

Appendix Three - List of exhibits (PDF format)

Apendix Four - Relevant extracts of legislative provisions (PDF format)

Appendix Five - Australia's criminal deportation policy (PDF format)

Appendix Six - Australia's criminal deportation policy - draft (PDF format)

Appendix Seven - Glossary (PDF format)

Appendix Eight - Deportation of Australian citizens (PDF format)

Appendix Nine - Deportation and Australia's international law obligations (PDF format)

 


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