Section 212 — Costs of removed or deported spouses, de facto partners and

dependants

(1) If:

(a) 2 persons are spouses or de facto partners of each other; and

(b) either:

(i) they are both removed or deported; or

(ii) one of them is deported and the other is removed; Migration Act 1958 385 Part 2 Arrival, presence and departure of persons Division 10 Costs etc. of removal and deportation each of them is liable to pay the Commonwealth the costs of their removals, their deportations, or the deportation and removal.

(2) If:

(a) 2 persons are spouses or de facto partners of each other; and

(b) either:

(i) they are both removed or deported; or

(ii) one is deported and the other is removed; and

(c) their dependent child, or dependent children, within the meaning of the regulations are also removed; then:

(d) the child or children are not liable to pay the Commonwealth the costs of the child’s or children’s removal; and

(e) the persons are liable to pay the Commonwealth those costs.

(3) If:

(a) a non-citizen is removed or deported; and

(b) the non-citizen either:

(i) does not have a spouse or de facto partner; or

(ii) does not have a spouse, or a de facto partner, who is deported or removed; and

(c) the non-citizen has a dependent child, or dependent children, within the meaning of the regulations who are removed; then:

(d) the child or children are not liable to pay the Commonwealth the costs of their removal; and

(e) the non-citizen is liable to pay the Commonwealth those costs.