Document ID: chunk:federal_register_of_legislation:F2006B11685:body:0:p10
Version: federal_register_of_legislation:F2006B11685
Segment Type: other
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Character Range: 24067–26373

does not determine this issue. In other words, international law allows for the possibility that the person's refugee status may have ceased by the time deportation is considered.

30.      If Article 33(1) does not apply to the person, there is no obligation on Australia to provide the person with protection under the Refugees Convention. If Article 33(1) applies, then the question is whether the person, having been convicted by a final judgment of a particularly serious crime, is a danger to the community, in which case the person cannot claim the benefit of article 33(1).

31.      Notwithstanding International obligations, the deportation power must inherently remain a fundamental exercise of Australian sovereignty. The responsibility to determine who should be deported in the interests of the Australian community ultimately lies within the discretion of the responsible Minister.

CUSTODIAL SENTENCE TO BE COMPLETED BEFORE DEPORTATION

32.      It is the Government's view that deportation for criminal offences should normally only occur after the custodial portion of the person's sentence has been completed. Decision makers should have due regard to the Government's view in this respect. It is for the appropriate State authorities, or the Governor-General in the case of Commonwealth prisoners, to decide the conditions under which a prisoner is to serve a sentence, the extent of remission of any part of a sentence, or the release of a potential deportee on licence, or on parole, for the purpose of deportation.

33.      It is the Government's view that whenever possible, a deportee's departure from Australia should be arranged to coincide with the deportee's release from prison. A deportee may continue be held in custody pursuant to the Migration Act pending finalisation of appropriate deportation arrangements and cannot expect to enjoy any period at liberty within the Australian community between the expiration of their penal servitude and deportation from Australia. Decision makers should have due regard to the Government's view in this respect.

DATE OF EFFECT

34.      This direction has effect on and from the date of signing.

Dated ...................21st December.................... 1998

PHILIP RUDDOCK
Minister for Immigration and Multicultural Affairs