Crimes committed by non-citizens in Australia can lead to deportation or visa cancellation. The Australian government takes a strong stance on criminal activities that pose a threat to the community or are considered morally reprehensible. Here are some of the crimes that can result in deportation. Non-citizens in Australia can face deportation if they are convicted of certain serious criminal offenses. The Migration Act 1958 outlines the grounds for deportation, which include the following:
- Serious Criminal Offenses: Non-citizens who receive a prison sentence of 12 months or more for a criminal offense may be liable for deportation. This includes offenses such as murder, sexual assault, drug trafficking, and fraud. However, deportation is not automatic. The Department of Home Affairs considers various factors before making a deportation order or revoking the current visa. These factors include the nature and circumstances of the offense, the opinion of the magistrate or judge, the penalty’s type and duration, evidence of rehabilitation, the possibility of reoffending, general deterrence, criminal history, public interest considerations, family circumstances, and Australia’s international legal obligations regarding refugees.
Committing serious offenses such as murder, sexual assault, armed robbery, or drug trafficking can lead to deportation. These crimes are considered grave and pose a significant risk to public safety.
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National Security: Non-citizens who pose a risk to national security, such as those involved in terrorism or espionage, can be deported. Deporting an Australian citizen on national security grounds requires a careful assessment of the individual’s circumstances and the severity of the threat. The decision to deport a citizen is subject to judicial review to ensure compliance with legal requirements and principles of natural justice.
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Character: Non-citizens who fail the character test, including those convicted of offenses like domestic violence, child abuse, or other serious crimes, can be deported. Australia has a character test that assesses the criminal history and conduct of non-citizens. If an individual fails the character test due to their criminal record, they may face visa cancellation and subsequent deportation.
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Visa Cancellation: Non-citizens whose visas have been canceled by the Minister for Home Affairs for any reason can be deported. Visa Fraud: Engaging in visa fraud or providing false information to obtain or maintain a visa can result in visa cancellation and potential deportation. This includes using fraudulent documents, misrepresenting personal information, or engaging in marriage fraud.
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Sentenced to Imprisonment: If a non-citizen is sentenced to imprisonment for 12 months or more, the Australian government has the authority to cancel their visa and initiate deportation proceedings. This applies to both single offenses and cumulative sentences.
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Domestic Violence Offenses: Committing domestic violence offenses, such as assault or stalking, can also lead to deportation. Australia has a zero-tolerance policy towards domestic violence, and offenders may face severe consequences.
Can Australian Citizens be Deported? In most cases, Australian citizens cannot be deported. They have the right to enter and remain in Australia without restrictions, except in limited circumstances. However, if a person obtained citizenship fraudulently or by concealing material facts, their citizenship may be revoked, leading to possible deportation. Additionally, dual citizens convicted of terrorism offenses or other serious crimes may lose their Australian citizenship and face deportation.
Can Permanent Residents in Australia be Deported for Crimes? Yes, Permanent Residents in Australia can be deported for committing certain crimes. Under the Migration Act 1958, a Permanent Resident may be deported if convicted of a serious criminal offense carrying a sentence of 12 months or more imprisonment or if they fail the character test. The decision to cancel a Permanent Resident’s visa and deport them is made by the Minister for Home Affairs or a delegate, considering factors such as the offense’s severity, personal circumstances, and risk to the Australian community.
Deportation Procedure If a deportation order is issued, a person may be apprehended without a warrant. If they are not the intended recipient of the order, they must inform the authorities within 48 hours. A court will then determine if the order applies to them. If the person is serving a prison sentence, deportation arrangements will be made before their release. They may be transported directly from jail to the airport, departing Australia immediately. Otherwise, they will be held in immigration detention until transfer to the airport is feasible. The individual is responsible for bearing the expenses of their deportation.
Appealing the Minister’s Decision If facing deportation from Australia, there may be options to appeal the decision of the Minister for Home Affairs or their delegate, depending on individual circumstances. Two main avenues for appeal are available:
- Administrative Appeals Tribunal (AAT) Review: If a visa is canceled and the person is outside Australia, they may apply for an AAT review. However, the AAT can only review certain types of visa cancellations, and there are strict time limits for lodging an application. If the person is in Australia and their visa is canceled, they may also apply for an AAT review within 9 days of receiving the cancellation notice.
- Federal Court Appeal: If all other avenues of review have been exhausted, a person whose visa has been canceled may be able to appeal to the Federal Court of Australia. This process can be complex and expensive, requiring the demonstration of an error of law made by the Minister or their delegate in canceling the visa.
It is important to note that each case is assessed individually, taking into consideration factors such as the severity of the offense, the person’s immigration history, and their personal circumstances. The Australian government aims to maintain the safety and integrity of the country by enforcing strict immigration laws and deporting individuals who pose a threat to society.
Please keep in mind that the information provided is a general overview, and it is always recommended to consult with an immigration lawyer or the Department of Home Affairs for specific and up-to-date information regarding deportation laws in Australia.