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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44690
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Have a kiwi mate who has served 5yrs coming up for parole in

Customer Question

have a kiwi mate who has served 5yrs coming up for parole in a couple of months,has not been advised of any deportation,i have agreed to allow him to live with me when he is paroled.the dept of corrective services have contacted & visited me at my residence to inspect.considering it had gone to this point assumed it highly likely he would be allowed to stay.
but after talking to the person from corrective services who visited me,she indicated this is incorrect,as this is merely part of the process,and it is only after the parole board grants parole will the matter of deportation the be evaluated.
is this correct?
Submitted: 12 months ago.
Category: Australia Law
Expert:  Leon replied 12 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.

Yes that is correct.

Because there is a place for him to stay, the department will assess whether he is to be allowed to stay after he is granted parole.

Parole is no a guarantee and the department will wait to hear whether he has been granted parole at which point he is not in detention that they will make any determination about deporting him.

I hope this makes sense and is of assistance. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 12 months ago.
ok,just thought it was a very arse about way of going about things
surely the most logical, cost effective, and humane way would be to make an assessment first on whether he can stay in the country,then go through the rest of this process.
lets say he is due for parole on nov 22,when would he be told where he is headed to?
Expert:  Leon replied 12 months ago.

Good Afternoon

The parole process is to release him to the public in Australia.

He will be released on parole based on where he would be living in Australia.

He many not be granted parole so the department of immigration will not use resources to decide if he is to be deported unit they know he is released.

Customer: replied 12 months ago.
hypothetical then parole due date is nov 22
lets say the dept decides to grant parole
what and when is the likely action by the immigration dept?
Expert:  Leon replied 12 months ago.

Good Afternoon

They immigration department may decide not to do anything.

The reason I say this is because when on parole you are still serving a sentence that the court issued.

They immigration department may decide to allow him to stay and not cancel his visa and re-vsiti it after parole. If he breaches parole then he may be deported when released.

You can only find out what they intend to do if you are authorised by him and contact the department directly.

I can only guess.

If they feel it is a serious enough offence they can issue a deportation order once he is finishes his parole.

Customer: replied 12 months ago.
or more to the point,as I said his parole date is less than 2 months
in your experience what is common practice by the dept in notifying HIM of their intentions
days,weeks,hours,prior to his release?
Expert:  Leon replied 12 months ago.

Good Evening.

My understanding is they do nothing until after the release.