A person has finished a two-year prison sentence - HSC - SSCE Legal Studies - Question 18 - 2016 - Paper 1
Question 18
A person has finished a two-year prison sentence. The Minister for Immigration has now authorised the deportation of the ex-prisoner.
Which of the following is true... show full transcript
Worked Solution & Example Answer:A person has finished a two-year prison sentence - HSC - SSCE Legal Studies - Question 18 - 2016 - Paper 1
Step 1
The ex-prisoner is not an Australian citizen.
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Answer
This statement can be misleading. An ex-prisoner may or may not be an Australian citizen. This does not imply truth in the context of deportation.
Step 2
The High Court cannot review this decision.
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Answer
This is generally false, as the High Court can review decisions made by administrative bodies such as the Minister for Immigration, especially if there are questions about legality or procedural correctness.
Step 3
The ex-prisoner must agree to the deportation.
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Answer
This statement is incorrect. Deportation can occur without the agreement of the ex-prisoner, depending on the circumstances of their eligibility for deportation.
Step 4
The Minister for Immigration does not have this power.
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Answer
This statement is false. The Minister for Immigration does possess the power to authorize deportation under Australian law.