Family Protection and Deportations or Removals
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Gregor Heißl
Postdoc researcher and lecturer at the University of Vienna, Department of Constitutional and Administrative Law. He was Visiting Research Fellow at the Australian Human Rights Centre (University of New South Wales, Sydney) in Spring 2009
Abstract
Deportations or removals of persons, who have spent a certain period in Australia have tremendous impacts and consequences on their lives and most likely on the ones of their families as well. Therefore it is worth assessing how significant family related aspects are taken in the administrative decision-making process concerning deportations or removals.
The essay starts with a description of the domestic legal framework, to evaluate conditions under which such measures are legitimate. An overview on family protection in Australia presents the different sources of human rights together with its content and scope. More specifically the notion of family life for the assessment of the legality of deportations or removals is scrutinised by examining the compliance with international treaty obligations as well as the significance of citizenship. Finally, two relevant Directions (D) of the Minister for Immigration and Citizenship are assessed in the context of sufficient safeguards for family life.
About the author
Postdoc researcher and lecturer at the University of Vienna, Department of Constitutional and Administrative Law. He was Visiting Research Fellow at the Australian Human Rights Centre (University of New South Wales, Sydney) in Spring 2009
© 2017 by Walter de Gruyter Berlin/Boston
Articles in the same Issue
- Inhalt
- Preface
- Preface
- Articles
- Learning From Others: The Scalia-Breyer Debate and the Benefits of Foreign Sources of Law to U.S. Constitutional Interpretation of Counter-Terrorism Initiatives
- Changing the rules mid-game. Legislative interference in specific pending cases: separation of powers and fair trial
- Democracy's Twin Challenges: Hans Kelsen and the Problem of Extremist Speech
- Family Protection and Deportations or Removals
- Constitutional Developments in Austria
- Focus: Bona fides
- Elimination of tenure-track contract model for university assistants – no infringement of principle of equality
- Interference in a public-law contract by the legislator without justification – a violation of the principle of equality
- No infringement of the principle of equal treatment by abolition of the death grant in the doctor's law of obligations
- EMA@ICL
- Liberty behind closed doors …? Involuntary placement and medical treatment in psychiatric institutions from the human rights perspective
- Book Reviews
- Ralph Wilde, International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away, Oxford University Press, 2008, ISBN 978-0-199-27432-1, 640 pp.
Articles in the same Issue
- Inhalt
- Preface
- Preface
- Articles
- Learning From Others: The Scalia-Breyer Debate and the Benefits of Foreign Sources of Law to U.S. Constitutional Interpretation of Counter-Terrorism Initiatives
- Changing the rules mid-game. Legislative interference in specific pending cases: separation of powers and fair trial
- Democracy's Twin Challenges: Hans Kelsen and the Problem of Extremist Speech
- Family Protection and Deportations or Removals
- Constitutional Developments in Austria
- Focus: Bona fides
- Elimination of tenure-track contract model for university assistants – no infringement of principle of equality
- Interference in a public-law contract by the legislator without justification – a violation of the principle of equality
- No infringement of the principle of equal treatment by abolition of the death grant in the doctor's law of obligations
- EMA@ICL
- Liberty behind closed doors …? Involuntary placement and medical treatment in psychiatric institutions from the human rights perspective
- Book Reviews
- Ralph Wilde, International Territorial Administration: How Trusteeship and the Civilizing Mission Never Went Away, Oxford University Press, 2008, ISBN 978-0-199-27432-1, 640 pp.
