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Trevor, who is not an Australian citizen, is to be released from a NSW prison after serving a sentence of two years - HSC - SSCE Legal Studies - Question 20 - 2018 - Paper 1
Question 20
Trevor, who is not an Australian citizen, is to be released from a NSW prison after serving a sentence of two years. On his release, can Trevor be deported to his c... show full transcript
Worked Solution & Example Answer:Trevor, who is not an Australian citizen, is to be released from a NSW prison after serving a sentence of two years - HSC - SSCE Legal Studies - Question 20 - 2018 - Paper 1
Step 1
C. Yes, as deportation can occur after serving a sentence of one year or more.
Answer
In Australia, non-citizens can be deported after serving a sentence of one year or more, as per the Migration Act. Trevor served a two-year sentence, which makes him eligible for deportation. His criminal history plays a significant role in the decision for deportation, and it can be enacted independently of the sentencing process by the courts.