Accessible Requires Authentication Published by De Gruyter February 8, 2017

Family Protection and Deportations or Removals

Gregor Heißl
From the journal ICL Journal

Abstract

Deportations or removals of persons, who have spent a certain period in Australia have 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 Directions (D) of the Minister for Immigration and Citizenship are assessed in the context of sufficient safeguards for family life.

Published Online: 2017-2-8
Published in Print: 2010-3-1

© 2017 by Walter de Gruyter Berlin/Boston