Australia's national security could be compromised if unlawful non-citizens accused of crimes are given the choice to be deported instead of facing criminal proceedings, a peak legal body has warned.
The Law Council of Australia is concerned about reports the Home Affairs Department has interpreted the Migration Act in a way that would allow such deportations.
In a letter to Home Affairs Minister Peter Dutton this week, council president Morry Bailes has urged the department to reconsider its view.
"The consequences of not doing so may result in an undermining of Australia's criminal justice system or impeding Australians national security, enabling perpetrators of crime to evade justice by making a request for removal," he wrote.
At the moment, unlawful non-citizens alleged of crimes can be subjected to a "stay certificate" that requires them to face charges.
The law council argues that if such a certificate is issued, deportation requests by unlawful non-citizens should be heeded only after criminal justice has been administered.
The council's letter comes after the Director of Public Prosecutions from all the states and territories recently wrote to the minister expressing concerns on the matter, bringing the issue to their attention.
The matter will reportedly be discussed when state attorney-generals meet with their federal counterpart Christian Porter on Friday.
