Section 212 — Migration Act 1958 (Cth)

(1) If:

(a) 2 persons are spouses or de facto partners of each other; and

(b) either:

(i) they are both removed or deported; or

(ii) one of them is deported and the other is removed;

each of them is liable to pay the Commonwealth the costs of their removals, their deportations, or the deportation and removal.

(2) If:

(a) 2 persons are spouses or de facto partners of each other; and

(b) either:

(i) they are both removed or deported; or

(ii) one is deported and the other is removed; and

(c) their dependent child, or dependent children, within the meaning of the regulations are also removed;

then:

(d) the child or children are not liable to pay the Commonwealth the costs of the child’s or children’s removal; and

(e) the persons are liable to pay the Commonwealth those costs.

(3) If:

(a) a non‑citizen is removed or deported; and

(b) the non‑citizen either:

(i) does not have a spouse or de facto partner; or

(ii) does not have a spouse, or a de facto partner, who is deported or removed; and

(c) the non‑citizen has a dependent child, or dependent children, within the meaning of the regulations who are removed;

then:

(d) the child or children are not liable to pay the Commonwealth the costs of their removal; and

(e) the non‑citizen is liable to pay the Commonwealth those costs.

Related sections

• s 206A — Relevance of Ministerial intervention powers to deportation
• s 207 — Interpretation
• s 210 — Removed or deported non‑citizen liable for costs of removal or deportation
• s 213 — Carriers may be liable for costs of removal and deportation
• s 214 — Non‑citizens and carriers jointly liable
• s 215 — Costs are debts due to the Commonwealth

Research how courts apply s 212

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.