Section 200 — Deportation of certain non-citizens
Text of provision
The Minister may order the deportation of a non-citizen to whom this Division applies.
Plain English
Section 200 provides that the Minister may order the deportation of certain non-citizens. The most significant ground is where a non-citizen has been convicted in Australia of a crime and sentenced to death or to imprisonment, and the applicable criteria are met. Deportation under s 200 results in the person being removed from Australia and, in some cases, barred from returning.
Practical effect
Deportation is legally distinct from removal. Removal applies to unlawful non-citizens generally; deportation under s 200 applies as a consequence of criminal conduct. A deportation order creates a more severe exclusion bar than a visa refusal. Non-citizens facing potential deportation are entitled to procedural fairness, including notice and an opportunity to respond, before the deportation order is made. Deportation decisions are subject to merits review before the ART and judicial review in the Federal Court.