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Deportation. Hundreds of convicted criminals have visas revoked

As noted in the Age

The number of cancellations is much higher than in recent years, because Immigration Minister Peter Dutton now has greater powers to revoke visas of convicted criminals.

Since December last year, 203 visas have been cancelled, a high rate of cancellations compared to 372 revocations between July 2011 and July 2014.

Mr Dutton said he would not apologise for taking a tough approach.

“Frankly they’re detracting from the Australian society, not adding to it,” he said.

“They should be removed from our shores as quickly as possible.”

Criminal record & deportation issues for migrants  (from “Outcare” webpage

IF you are a permanent resident BUT not an Australian Citizen it is important that you be aware that there MAY be circumstances where you can be deported because of your behaviour and criminal record. There are 2 sections of the Migration Act 1958 which can allow this to occur. They are:

  • Section 201 which is essentially relates to the length of your residency, your crime, and the length of your prison sentence
  • Section 501 which is essentially relates to the Minister’s opinion your character and your right to continue hold a permanent residents Visa.

The following information is intended to give you a brief overview of how each section works and what your rights are in regard to each. You may need to seek further information/advice in regard to your circumstances. The contact points at the end of this information sheet may be useful.

Deportation Section 201 of the Migration Act 1958 (Commonwealth)

  • If you are a permanent resident but NOT an Australian Citizen
  • Have lived in Australia for less than 10 years
  • Have been sentenced to prison for 12 months or more

The Department of Immigration & Multicultural Affairs (DIMA) will investigate the possibility of deporting you.

DIMA will look at the following factors before signing a deportation order.

  • The nature of your offence
  • The circumstances of your offence
  • The comments of the judge/magistrate at your trial
  • The nature of the penalty
  • The extent of rehabilitation (what progress you have made in addressing your behaviour)
  • Whether or not you are likely to offend again
  • Your previous criminal record
  • The safety of the Australian community
  • Your family and other community commitments in Australia
  • The obligations of the Government in relation to the status of refugees (If you are a refugee)

You will be interviewed by DIMA before any deportation order is signed.

Effect on Eligibility for Parole:

You will not usually get parole until DIMA has completed its investigation and decided whether or not to sign a Deportation Order. Once a Deportation Order has been signed the Parole Board will consider your eligibility for parole. If you are granted parole you will be released to the authorities responsible for your deportation, ie The Department of Immigration & Multicultural Affairs.

If deportaiton is ordered:

If the Department of Immigration & Multicultural Affairs (DIMA) decides that you should be deported under section 200 of the Migration Act 1958 (CTH) a Deportation Order will be signed and you will be notified of the decision.
You must be given reasons for the decision.
You have the right to appeal DIMA’s decision at the Administrative Appeals Tribunal (AAT)
You can appeal the decision at the Administrative Appeals Tribunal (AAT) to have the decision changed.

The Administrative Appeals Tribunal:

The AAT is independent of DIMA, and will consider the “merits” of each case. You will have the opportunity to explain why you should be allowed to stay in Australia.
The AAT has the power to overturn DIMA’s decision to deport you if it thinks that a wrong decision has been made. * If the AAT does not change the decision you have a further right to appeal to the Federal Court (on a point of law only).
If the AAT does change the decision and direct that the Deportation Order be cancelled, the Department of Immigration & Multicultural Affairs may appeal to the Federal Court (on a point of law only).
Appealing to the AAT is usually free.
You do not have to have a lawyer to represent you.
You can run your appeal to the AAT from prison.
You must appeal to the AAT within 28 days of receiving the Deportation Order.
If you lodge an appeal after the 28 days, you will also need to lodge an application for an extension of time. (You should check that the limitation date has not changed when you receive your deportation order).

Requesting a Stay Order at the AAT
When you appeal to the AAT you should also request a “stay” (stop) on the Deportation Order until your appeal has been heard by the tribunal.

WARNING! This information is intended ONLY to provide general information. You may need to seek further information and advice about your situation.

Talk to AR LAW Services; Masters of Immigration & Visa law if you fear deportation or you are currently facing deportation.