Victims' Rights Act 2002

39 Notice of proposal to cancel or suspend liability for deportation

(1)

The chief executive of the department of State that is, with the authority of the Prime Minister, for the time being responsible for the administration of the Immigration Act 2009 must perform the actions in subsection (2) if—

(a)

a person is liable for deportation under the Immigration Act 2009 as a result of any criminal offending; and

(b)

the Minister of Immigration is considering cancelling or suspending the person’s liability for deportation or the person appeals against his or her liability for deportation to the Immigration and Protection Tribunal.

(2)

If subsection (1) applies, the chief executive must—

(a)

advise each specified person (as defined in subsection (4)) that—

(i)

the Minister is considering suspending or cancelling the liability for deportation of the criminal offender; or

(ii)

the criminal offender has appealed against his or her liability for deportation to the Immigration and Protection Tribunal; and

(b)

request the specified person to provide to the chief executive the address of the victim of the offence, or of the victim’s representative.

(3)

A specified person must, as soon as practicable after receiving a request under subsection (2)(b), comply with that request if—

(a)

that address has been given or forwarded to the specified person under sections 32B to 33A; and

(b)

the specified person has not forwarded that address under section 33 to any other specified person.

(4)

For the purposes of subsection (2), each of the following persons is a specified person:

(a)

the Commissioner of Police:

(b)

the chief executive of the Department of Corrections:

(c)

the Director-General of Health.

(5)

If the victim’s address is given to the chief executive under subsection (2),—

(a)

the chief executive must, if practicable, give the victim notice that the Minister is considering cancelling or suspending the deportation liability of the offender under section 172 of the Immigration Act 2009; and

(b)

if a deportation liability notice has been served and the offender concerned appeals against that liability for deportation on humanitarian grounds under section 206 of that Act, the chief executive must give the victim’s address to the Immigration and Protection Tribunal, and that Tribunal must give the victim prior notice of the hearing of the appeal.

(6)

Failure to comply with subsection (2) or (5) does not invalidate any decision of the kind referred to in subsection (5)(a) or a decision on an appeal of the kind referred to in subsection (5)(b).

Section 39: substituted, at 2 am on 29 November 2010, by section 406(1) of the Immigration Act 2009 (2009 No 51).

Section 39(2)(b): replaced, on 6 December 2014, by section 22(1) of the Victims’ Rights Amendment Act 2014 (2014 No 35).

Section 39(3): replaced, on 6 December 2014, by section 22(2) of the Victims’ Rights Amendment Act 2014 (2014 No 35).