Although the process of deportation under Australian law is actually very rare, it is used in some instances and the law if virtually unfathomable in terms accountability to the people being deported and the public in general. A good example is the case of Sheikh Mansour Leghaei who was a long-term resident of Australia who is was deported to Iran on national security grounds. He was never by the prosecuting agency, ASIO, of the details of the suspicions around him. However, he had no ability to oppose to the decision on legal grounds as the law is very clear in relation to this matter – the executive arm of government has complete discretion to authorise the deportation of persons suspected of being a threat to national security. For deportation under the Migration Act 1958 (Cth), a person may only be deported if they are an ‘immigrant’ or an ‘alien’ under the Australian Constitution. Someone outside these categories cannot legally be deported under the Migration Act 1958 (Cth).
The other legal means of deportation under the laws of Australia include the so called ‘removal system’. In 2001, Australia’s system reversed the burden of proof for people seeking to stay here. Before this time, it was necessary for the government to show that person was in Australia unlawfully. It was impossible for a person to be deported without the sanction of a court. The system is now reversed where the person must now prove that they are legally residing in Australia. If they cannot, the department of immigration must detain that person under s.189 of the Migration Act and under s.198 remove him or her from Australia as soon as practicable. If you have further queries about removal or deportation from Australia or any other country for that matter, we have lawyers available now who can assist you with the process of litigating a claim like this. Please do not hesitate to post your legal question to the right.