Document ID: chunk:federal_register_of_legislation:F2006B11685:body:0:p7
Version: federal_register_of_legislation:F2006B11685
Segment Type: other
Provision Reference: 
Character Range: 15920–18847

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.

20.      It is the Government's view that considerations which aid in assessing the above factors include:

         (a)      the age of the child;

         (b)      the time that the child has spent in Australia;

         (c)      any language barriers for the child in the likely country of future residence, but taking into account the relative ease with which younger children acquire new languages;

         (d)      any cultural barriers for the child in the likely country of future residence, but taking into account the relative ease with which younger children adapt to new circumstances;

         (e)      any medical problems of the child and the likely access to relevant facilities in the likely country of future residence;

         (f)      the child's degree of emotional and psychological dependence on the potential