How long can you be deported from Australia?

Deportation Laws in Australia: Understanding the Consequences of Criminal Convictions

Australia maintains strict laws regarding the deportation of non-citizen permanent residents. As a general rule, individuals who have not gained citizenship may face deportation if they commit certain offenses while residing in the country.

Deportation for Offenses Committed in Australia

According to Australian law, a non-citizen Australian permanent resident may be deported if, within ten years of arriving in the country, they receive a prison sentence of one year or more for any offense committed in Australia. This applies regardless of the nature of the offense.

Exceptions to Deportation

There are certain exceptions to this general rule. For instance, deportation may not be ordered if:

• The individual has been a permanent resident for ten years or more.
• The individual is a child under the age of 18.
• Deportation would result in exceptional hardship for the individual or their immediate family.

Procedures for Deportation

If the Department of Home Affairs believes that a non-citizen permanent resident should be deported, they will issue a notice of intention to cancel their visa. The individual will then have the opportunity to make a submission to the Administrative Appeals Tribunal (AAT), an independent body that reviews immigration decisions. The AAT will consider the facts of the case and make a decision on whether or not the visa should be canceled.

Consequences of Deportation

Deportation can have significant consequences for individuals. They may be forced to leave Australia and may not be permitted to return for a period of time. They may also lose their job, their home, and their family relationships.

Importance of Legal Advice

If you are a non-citizen permanent resident who has been convicted of a crime, it is crucial to seek legal advice immediately. A lawyer can help you understand your rights, defend against the possibility of deportation, and assist you in any appeal process.

Conclusion

Australia’s deportation laws are designed to protect the country from individuals who pose a risk to society. However, it is important to remember that non-citizen permanent residents have rights and that there are exceptions to the general rule of deportation. By understanding the consequences of criminal convictions and seeking legal assistance when necessary, individuals can protect their status in Australia.

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