Departure prohibition order (DPO)
Statutory definition
Section 212 of the Migration Act 1958 (Cth) allows the Minister to issue a departure prohibition order against a person who is suspected of having committed a debt to the Commonwealth in connection with immigration costs (such as the costs of detention and removal). A person subject to a DPO must not depart Australia without permission.
Explanation
In the migration context, a departure prohibition order (DPO) is an administrative order preventing a person from leaving Australia to ensure that costs incurred by the Commonwealth (detention, removal, charter flights) can be recovered.
DPOs under the migration law are less common than DPOs issued under tax legislation (Taxation Administration Act 1953) for persons with large tax debts. In the immigration context they most often arise in relation to persons who accumulated significant detention costs during long detention periods.
A person subject to a DPO who attempts to depart commits a criminal offence. The DPO is removed by payment of the debt or by Ministerial decision.
How this term is used
A DPO is distinct from the ordinary departure requirements for a person being removed — where a person is being removed under s 198, they are being compelled to depart (not prohibited). A DPO prevents voluntary departure; removal under s 198 compels involuntary departure.