Document ID: chunk:federal_register_of_legislation:F2006B11685:body:0:p2
Version: federal_register_of_legislation:F2006B11685
Segment Type: other
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Character Range: 2480–5325

who will reside permanently in Australia, and on what terms. The Parliament has entrusted the Minister for Immigration and Multicultural Affairs with the discretion to determine whether potential deportees will be deported from Australia. In exercising that discretion, the Minister is exercising the right of the Australian community to protect itself and to choose who will be permitted to remain in Australia as a permanent resident.

The Government takes very seriously its obligation to protect all elements of the Australian community and in particular the most vulnerable people within it. The Government bears a special responsibility to protect children.

A deportation decision will not be made until all the information that is reasonably necessary for making the decision is at hand. In normal circumstances, the decision will be made towards the end of the potential deportee's sentence and will allow time for a decision and appeal prior to release from custody. A potential deportee has a right to appeal to the Administrative Appeals Tribunal against a deportation decision, provided their sponsor is an Australian citizen or permanent resident, except where the circumstances set out in the next paragraph below exist. Where the right of appeal exists, the Administrative Appeals Tribunal is empowered to review the merits of the decision.

The right of appeal to the Administrative Appeals Tribunal is not open to a person where the Minister has personally made the deportation decision and at the same time has declared the deportee to be an excluded person. Such a declaration can only be made where the circumstances are so serious that the Minister acting personally decides that it is in the national interest to do so. Where the Minister makes such a declaration, the Minister must table notice of the decision before both Houses of Parliament within 15 sitting days of each House after the day on which the decision is made.

THEREFORE I, Philip Maxwell Ruddock, the Minister for Immigration and Multicultural Affairs, hereby give the following General Direction pursuant to section 499 of the Act to any person or body having functions or powers in relation to the deportation of a non-citizen under section 200 of the Act:

1.      This General Direction may be cited as General Direction – Criminal Deportation – No. 9.

2.      Deportation decisions are made without any form of discrimination with respect to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

3.      A person's 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