LAW400: Deportation of non-citizens in Australia - Law Assignment Help

ASSIGNMENT TASK:

TASK:

200 Deportation of certain non-citizens The Minister may order the deportation of a non-citizen to whom this Division applies. 201 Deportation of non-citizens in Australia for less than 10 years who are convicted of crimes Where:
 

(a) a person who is a non-citizen has, either before or after the commencement of this section, been convicted in Australia of an offence;
(b) when the offence was committed the person was a non-citizen who: (i) had been in Australia as a permanent resident for a period of less than 10 years...
(c) the offence is an offence for which the person was sentenced to death or to imprisonment for life or for a period of not less than one year; section 200 applies to the person. 203 Deportation of non-citizens who are convicted of certain serious offences (1) Where:
 

(a) a person who is a non-citizen has, either before or after the commencement of this subsection, been convicted in Australia of an offence;
(b) at the time of the commission of the offence the person was not an Australian citizen; and
(c) the offence is:
...
(iii) an offence against a law of a State or of any internal or external Territory ...;

then, subject to this section, section 200 applies to the non-citizen.
 

(2) Section 200 does not apply to a non-citizen because of this section unless the Minister has first served on the non-citizen a notice informing the non-citizen that he or she proposes to order the deportation of the non-citizen, on the ground specified in the notice, unless the non-citizen requests, by notice in writing to the Minister, within 30 days after receipt by him or her of the Minister’s notice, that his or her case be considered by a Commissioner appointed for the purposes of this section.
 

(3) If a non-citizen on whom a notice is served by the Minister under subsection (2) duly requests, in accordance with the notice, that his or her case be considered by a Commissioner appointed for the purposes of this section, the Minister may, by notice in writing, summon the non-citizen to appear before a Commissioner specified in the notice at the time and place specified in the notice.
 

(4) A Commissioner for the purposes of this section shall be appointed by the Governor-General and shall be a person who is or has been a Judge of a Federal Court or of the Supreme Court of a State or Territory, or a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory of not less than 5 years’ standing.
 

(5) The Commissioner shall, after investigation in accordance with subsection (6), report to the Minister whether he or she considers that the ground specified in the notice under subsection (2) has been established.

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