Document ID: chunk:federal_register_of_legislation:F2006B11685:body:0:p3
Version: federal_register_of_legislation:F2006B11685
Segment Type: other
Provision Reference: 
Character Range: 5067–7993

cultural background should not result in differing applications of the law. While our multicultural society encourages all persons to practise their cultures and pursue their ideals, this practice should fall within a respect for and adherence to the laws of Australia. Contrary cultural values should not provide any excuse to persons who offend against Australian society.

4.      The purpose of deporting a person from Australia is to protect the safety and welfare of the Australian community and to exercise a choice on behalf of the Australian community as a whole as to who should be allowed to remain in the community.

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.

COMMUNITY EXPECTATIONS

8.      It is the Government's view that the expectations of the Australian community are a primary consideration in determining whether a potential deportee should be deported. Decision makers should have due regard to the Government's view in this respect. There are two aspects to community expectations:

(a)      the expectation that the community will be protected and not put at risk;

and

        (b)      the expectation that non-citizens who commit/are convicted of crimes that are abhorrent to the Australian community will be removed from Australia.

Protection of the Australian Community

9.      It is the Government's view that the Australian community expects the Government to protect it from the actions of criminals and to take action to remove unacceptable levels of risk of crime. In particular, it is the Government's view that the Australian community expects