Section 212 — Migration Act 1958: Costs of removed or deported spouses, de facto partners and dependants

(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.