I'm worried about someone being deported. What can I do to help?

In Plain English:

If you're worried about someone being deported, here's what the law says might happen and what you can do:

  • Detention: An officer can detain someone if they reasonably believe that person is subject to a deportation order (Migration Act 1958 s253). The officer must inform the person of the reason for their detention and provide details of the deportation order if requested.
  • Challenging Detention: If the detained person claims they are not the person named in the deportation order, they can make a statutory declaration. They must then be brought before a "prescribed authority" to inquire into the matter. If they aren't brought before this authority within a specific time, they must be released (Migration Act 1958 s253).
  • Removal: An unlawful non-citizen who has been refused immigration clearance can be removed from Australia (Migration Reform Act 1992 s54W).
  • Costs of Removal/Deportation: The person being deported may be liable for the costs of their removal or deportation (Migration Reform Act 1992 s66A). In some cases, carriers (like airlines) can be required to pay these costs (Migration Reform Act 1992 s66D).
  • Departure Prohibition Order: If the person owes money to the Commonwealth (for example, social security debts), the Secretary can issue a departure prohibition order to prevent them from leaving the country until the debt is paid or arrangements are made to pay it (Budget Savings (Omnibus) Act 2016 s200A, Social Security Act 1991 s1240, A New Tax System (Family Assistance) (Administration) Act 1999 s43G, Student Assistance Act 1973 s43G).

How you can help:

  1. Seek Legal Advice: This is the most important step. A migration lawyer can assess the person's situation, explain their rights, and help them navigate the legal process.
  2. Gather Information: Collect all relevant documents, such as visa applications, immigration correspondence, and any deportation orders.
  3. Challenge the Deportation Order: If there are grounds to believe the deportation order is incorrect or unlawful, legal action can be taken to challenge it.
  4. Address Outstanding Debts: If a departure prohibition order is in place due to outstanding debts, explore options for paying the debt or making arrangements for payment.
  5. Appeal: There may be avenues for appeal, depending on the specific circumstances of the case. A lawyer can advise on the appeal process and assist with preparing the necessary documents.

Detailed Explanation:

Based on the provided legislative context, here's a more detailed breakdown of the relevant laws and how they apply to deportation concerns:

  • Detention and Deportation Orders:
    • Section 253 of the Migration Act 1958 grants officers the power to detain individuals if a deportation order is in place for that person. The officer must inform the person of the reason for detention and provide particulars of the deportation order if requested.
    • If the detained person claims they are not the person named in the deportation order, section 253(4) of the Migration Act 1958 outlines a process where the person can make a statutory declaration and be brought before a "prescribed authority" for inquiry. Failure to do so within a specified timeframe results in release.
  • Removal of Unlawful Non-Citizens:
    • Section 54W of the Migration Reform Act 1992 (amending the Migration Act) states that an unlawful non-citizen who has been refused immigration clearance and either hasn't applied for a valid visa or has had their application finally determined must be removed as soon as reasonably practicable.
  • Costs Associated with Detention, Removal, and Deportation:
    • Division 5A of the Migration Reform Act 1992 (sections 64-66J) deals with the costs associated with detention, removal, and deportation.
    • Section 66A of the Migration Reform Act 1992 makes a removed or deported non-citizen liable for the costs of their removal or deportation.
    • Section 66D of the Migration Reform Act 1992 allows the Secretary or Australian Border Force Commissioner to issue a written notice to carriers (e.g., airlines) requiring them to pay the costs of a non-citizen's removal or deportation under certain circumstances.
  • Departure Prohibition Orders (DPOs):
    • Several Acts (Budget Savings (Omnibus) Act 2016, Social Security Act 1991, A New Tax System (Family Assistance) (Administration) Act 1999, Student Assistance Act 1973) allow the Secretary to issue a DPO preventing a person from leaving Australia if they have debts to the Commonwealth and there are no satisfactory arrangements for repayment.
    • The Secretary must consider the person's capacity to pay, any recovery actions taken, the length of time the debt has been unpaid, and other relevant matters before making a DPO.
    • A DPO remains in force until revoked by the Secretary or set aside by a court.
    • A person subject to a DPO can apply for a departure authorization certificate, which allows them to leave Australia under specific conditions.

It's important to note that this information is based solely on the provided legislative excerpts and may not cover all aspects of Australian migration law. A qualified legal professional should be consulted for comprehensive advice.