What Crimes Will Get You Deported From Australia?

Serious Criminal Offences

Under Migration Act 1958 Division 9 (203), non-citizens who commit such criminal offence are subject for deportation.

• Treason and advocating violence or terrorism (Division 80 and 82, Criminal Code)
• Advocating mutiny (section 83.1) or assisting prisoners of war to escape (section 83.2, Criminal Code)
• Accessory to any offence against a law of the Commonwealth (section 6, Crimes Act 1914)
• Attempting to commit a criminal offence (section 11.1) and conspiracy to commit an offence (section 11.5, Criminal Code)
• An offence against a law of a State or of any internal or external Territory

Other offences, such as drug trafficking, violent crimes, sex offences against children, and crimes relating to injury, are considered to be serious and may result in deportation or cancellation of visa.

Visa Cancellation

Temporary visa holders are generally granted permission to stay in Australia for a specific time. However, in the event of visa cancellation or the visa expires before the person even gets a new one, that person becomes an unlawful non-citizen. While not all individuals whose visas are cancelled will necessarily face deportation, they may need to be removed from Australia unless further visa is obtained.

Moreover, a non-citizen may also potentially face deportation for violating the terms of their temporary visa, which include:

• working in a job or engaging with activities that are not authorised by their valid visa
• exceeding the allowed duration of their valid visa
• violating other immigration laws
• failing to meet the conditions of their stay in a country

What happens if a deportation order is issued against me?

If a deportation order is issued against you, it means that the government has determined that you must leave the country. However, the Department for Home Affairs or a delegate should consider factors first before coming up with a decision. These include the gravity of the offence, substantial criminal record, public interest considerations, family circumstances, and the risk that they may pose to the Australian community.

Without a doubt, deporting non-citizens, whether a permanent resident or visa holder, carry notable repercussions. Not only can they be separated from family and friends but they can also suffer unemployment, and a possible extended ban from returning to Australia.

Significantly, individuals who have been issued with a deportation order can typically be arrested without a warrant. However, if you are not the individual specified in the deportation order, you must declare this within 48 hours. Subsequently, you will be brought before a court to decide on your case and address the discrepancy.

Meanwhile, if you're serving a term of imprisonment, your deportation arrangements will be settled before your release. Typically, you'll be directly transferred from prison to the airport and must depart promptly. If not, you'll be kept in immigration detention until it's suitable to transport you to the airport. Until then, you will have to pay the costs of your deportation.

If you are not currently held in immigration detention, you may be eligible to apply for a Bridging Visa ‘E’. This visa confers the following rights and permissions:

• Facilitate arrangements to depart from Australia;
• Submit an application for a substantive visa;
• Await the determination of a review concerning the refusal of a substantive visa;
• Petition the minister for discretionary intervention to grant a visa.

Can a deportation order be cancelled?

Cancellation of a deportation order can occur through various legal processes, and the possibilities may vary depending on the jurisdiction and individual circumstances. Here are some ways deportation orders may be canceled or challenged:

Administrative Appeals Tribunal

The Migration & Refugee Division of the Administrative Appeals Tribunal (AAT) has the authority to review and potentially cancel a deportation order if it determines that the decision made by the Department for Home Affairs or their delegate was unjust or improperly conducted.

The AAT assesses the case independently, considering factors such as the legality and fairness of the deportation order. If it finds flaws in the decision-making process, procedural errors, or undue severity, the AAT may overturn or modify the deportation order, allowing those facing deportation to request a fair and unbiased assessment of their situation.

Hence, the tribunal has the power to:

• overturn a decision
• replace it with another decision
• send the case back to the Department of Home Affairs for reconsideration, or
• uphold the initial decision

Judicial Review

This involves taking the case to a court and asking a judge to examine whether the deportation decision was lawful or fair. During this process, those facing deportation can file an application in the Federal Circuit Court or Federal Court, challenging the decision on grounds such as procedural fairness, legal errors, or unreasonableness.

The court assesses whether the deportation order was made in accordance with the law, if proper procedures were followed, and whether the decision is reasonable. If the court finds legal errors, unfairness, or unreasonableness, it may set aside or modify the deportation order, directing the Minister for Home Affairs to reconsider the case.

Compliance with Conditions

If you consistently demonstrate compliance with conditions set by immigration authorities, whether through regular reporting, attending hearings, or fulfilling other requirements, it may significantly contribute to the potential cancellation of a deportation order.

By doing this, you are showing how committed you are to meeting legal obligations and cooperating with the immigration process. This not only strengthens your case during legal reviews but it also demonstrates your value as a responsible and law-abiding member of the community.

Takeaway

Deportation from Australia is a grave concern, especially when faced with criminal charges that could lead to such severe consequences. As discussed in this blog, the impact of deportation extends beyond the person's relationships but also future opportunities. If you are a non-citizen from Canberra and find yourself at risk of deportation due to committing crimes discussed in this article, seeking immediate legal assistance is critical.

At Andrew Byrnes Law Group, we are first-rate criminal lawyers who can help address the criminal aspects of your case. We understand that criminal conviction can potentially result to deportation. With our expertise in criminal defence, we can help reduce your criminal charges so you can minimise its impact on your immigration standing. Book a meeting with one of our lawyers right away to get the quality legal advice you need for your case.