Understanding Australia’s Deportation Procedures – A Detailed Guide

Facing deportation from Australia is often complicated, tough to handle and stressful for individuals. For cases where you are not a citizen and are charged with an offense or violate your visa, learn the related laws, steps and what you are allowed.

Using this guide, people and families can better manage their way through the deportation procedure in Australia.

1. What is the meaning of Deportation?

The removal of a non-citizen from Australia, enforced by sections 200 and 206 of the Migration Act 1958, is known as deportation. It is usually used for those who:

Breached the requirements for staying on their visa.

• Endanger the members of the community.
• Have had the cancellation of a visa, mainly due to character-related reasons (Section 501).
• People living here without proper legal permission (e.g., overstayed visa).

People who are deported are different from those subject to “removal”, since those cases involve removal of unlawful non-citizens without official authorization.

2. Reasons for Deportation from a Legal Standpoint

Most often, deportation occurs because of these legal grounds:

• Character Test Failure (Section 501): If some of the reasons are that the person has significant criminal convictions or would endanger the community.
• A visa may be canceled if the person does not follow visa conditions or gives false information.
• Being here without a Resident Return visa.
• An Australian immigration law gives the Minister for Immigration wide authority to cancel visas and initiate deportation.

3. Deportation Notice

Deportation proceedings are usually initiated by the Department of Home Affairs and at that point, the affected person will usually be given:

• A cancellation of your Visa
• A document called a Notice of Intention to Consider Cancellation (NOICC)

It states the reason for the cancellation and allows a brief period (typically about a week to four weeks) for response.

4. What you need to do in Case of a Visa Cancellation or Deportation

You need to get legal advice as soon as you see the notice of cancellation. The following are the choices you have:

• Handing in documents that explain and support your reasons for cancelling the contract.
• Making a review application with the Administrative Appeals Tribunal (AAT) within the restricted time limit (which varies but can be as short as 9 days for character cancellations).

Letting Ministers get involved if your chair and support review is rejected.

5. People Are Often Detained Before Being Deported

People who are in the country without authorization after being denied a visa (that is, made an unlawful non-citizen) may be put into immigration detention until they are ready for deportation.

Those in detention usually:

• Try to get a bridging visa, but its approval is at the discretion of the government.
• Challenge in court the reasons for the detention.

6. Being taken out of Australia

After all possible appeals are made or not taken, the deportation will go forward. The Department will handle:

If you need it, put together the travel and escort for the child.

Tell the proper authorities in the destination country about your shipment.

Block untrustworthy people from entering the country which can remain in place for 3 years or an even longer period.

7. Post-Deportation Considerations

Following deportation, individuals might find it difficult to get back into Australia if a ban exists. Yet, in special conditions, someone can ask for a waiver or a new visa, but the approval is rare without major cause.

8. Main Findings and Legal Assistance

Lawyers often increase your chances of getting a good outcome.

The decision depends on things like how family helps, the amount of time in Australia, rehabilitation efforts and whether the person is a threat to the community.

Being told you face deportation can be very difficult to cope with. With an experienced Immigration Lawyer Perth team, manages complicated deportation and visa cancellation cases.