Section 205 — Migration Act 1958 (Cth)

(1) Where the Minister makes or has made an order for the deportation of a person who has a spouse or de facto partner, the Minister may, at the request of the spouse or de facto partner of that person, remove:

(a) the spouse or de facto partner; or

(b) the spouse or de facto partner and a dependent child or children;

of that person.

(2) Where the Minister makes or has made an order for the deportation of a person who does not have a spouse or de facto partner but who does have a dependent child or children, the Minister may, at the person’s request, remove a dependent child or children of the person.

Related sections

• s 202 — Deportation of non‑citizens upon security grounds
• s 203 — Deportation of non‑citizens who are convicted of certain serious offences
• s 204 — Determination of time for sections 201 and 202
• s 206 — Deportation order to be executed
• s 206A — Relevance of Ministerial intervention powers to deportation
• s 207 — Interpretation

Research how courts apply s 205

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