Comments

This paper may be referenced as [2009] UNSWLRS 44.

Abstract

Obviously deportations or removals of persons, who have spent a certain period in Australia has tremendous impacts and consequences on their lives and most likely on the ones of their families as well. Therefore it is worth assessing how significant family related aspects are taken in the administrative decision-making process concerning deportations or removals. The essay starts with a description of the domestic legal framework, to evaluate conditions under which such measures are legitimate. An overview on family protection in Australia presents the different sources of human rights together with its content and scope. More specifically the notion of family life for the assessment of the legality of deportations or removals is scrutinised by examining the compliance with international treaty obligations as well as the significance of citizenship. Finally, two relevant General Directions (GD), given by the Minister for Immigration and Citizenship and providing guidelines, are assessed in the context of sufficient safeguards for family life.

Disciplines

Criminal Law | Criminal Procedure | Human Rights Law

Date of this Version

November 2009