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
A) The ex-prisoner is not an Australian citizen.
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Answer
This statement is not necessarily true. The ex-prisoner may be an Australian citizen and can still be subject to deportation based on immigration laws.
Step 2
B) The High Court cannot review this decision.
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Answer
This statement is incorrect. The High Court possesses the authority to review decisions made by the Minister for Immigration, particularly when issues of legality or constitutional rights are at stake.
Step 3
C) The ex-prisoner must agree to the deportation.
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Answer
This statement is false. The deportation of an ex-prisoner can be executed regardless of their agreement, as it falls under the jurisdiction of the immigration authorities.
Step 4
D) The Minister for Immigration does not have this power.
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Answer
This statement is incorrect. The Minister for Immigration has the power to authorize the deportation of individuals who are not Australian citizens or may pose a threat to the community.
