Section 173 — Immigration Act 2009: Right of victims to make submissions on suspension or cancellation of liability for deportation

173 Right of victims to make submissions on suspension or cancellation of liability for deportation (1) In determining whether to cancel or suspend a person’s liability for deportation, the Minister must have regard to any written submissions made by a victim of an offence or offences of which the person who is liable for deportation has been convicted and from which his or her liability for deportation arises. (2) The Minister must, on a request for the purpose, make available to a lawyer or agent (if any) who is acting for the person who is liable for deportation a copy of all written submissions made by the victim. (3) The Minister, or a lawyer or agent acting for the person, must, on a request for the purpose, show the person a copy of all written submissions made by the victim. However, the person may not keep a copy of any of those submissions. (4) Despite subsections (2) and (3), the Minister may withhold from the person and every lawyer or agent (if any) acting for the person any part of the victim’s written submissions if, in the Minister’s opinion, the withholding of that part is necessary to protect the physical safety or security of the victim concerned. (5) Despite subsection (1), the Minister must not have regard to any part of the victim’s submissions that is withheld under subsection (4). (6) In this section, victim means a victim of an offence of a kind referred to in section 29 of the Victims’ Rights Act 2002. Compare: 1987 No 74 s 93A