Deportation and expedited removal are often concerned with immigration issues in Australia. These legal procedures affect the probability of whether you live in Australia or return in the future. If you are thinking which one to choose between deportation vs expedited removal, then consulting an immigration lawyer can help you to clarify your rights and options.
Deportation is a formal legal process where a non-citizen is removed. In Australia, deportation can be conducted in two ways – either by deportation or by removal. The deportation of people required a specific order as per section 206 of the Migration Act 1958.
There are many more situations in which Detention Vs Deportation can occur, like:
Yes, those people who are deported can appeal a decision to the Administrative Appeals Tribunal (AAT) or the Federal Court, depending on the situation. But in a given case where the Minister has decided to cancel a visa, then the appeal shall be cancelled.
Expedited removal is an automatic process, which is used for those held in immigration detention without the requirement of any specific order to be made. People who are removed from Australia do not have a valid visa to stay in the nation, which automatically makes them unlawful non-citizens. This can occur due to their visa having expired or been cancelled.
In this scenario, to remove such people from Australia, the Department of Home Affairs detains them in immigration detention and removes them from the nation as soon as practicable.
You can be removed from Australia if you are an unlawful non-citizen. This can occur if:
However, if you are not in immigration detention, then you may be able to apply for a Bridging Visa E conditions (Subclass 050), which allows you these facilities:
While both deportation and expedited removal result in removing a person from Australia, their legal process, rights and triggers are different. Here is a breakdown of each of them:
Aspect | Deportation | Expedited Removal |
Trigger | Visa cancelled due to suspicious activity or bad character | Having an invalid visa or no visa |
Legal Basis | Section 206 of the Migration Act | Section 198 of the Migration Act |
Right to Appeal | In many cases, it is a yes through AAT or the court | Limited or none |
Timeframe | It can take weeks or months | It can happen very quickly, even within days |
Decision Maker | Minister or delegate | Department of Home Affairs |
In simple terms, deportation myths include a formal decision, and it often requires legal review. On the other hand, expedited removal is a quick administrative decision from the Department of Home Affairs.
In Australia, a visa can be cancelled under Sections 116 and 501 of the Migration Act of 1958 for multiple reasons, which include:
Upon cancellation, it is important to seek legal advice immediately from immigration lawyers.
In case you or any of the persons you may know find themselves in the position of being deported or undergoing the expedited removal process, then getting legal assistance becomes necessary. Immigration laws in Australia are very complex, and every case depends on its circumstances. Delaying in seeking such assistance may limit the legal options and affect the ability to appeal the decision.
To protect people from such situations, an immigration lawyer or law firm can:
The Immigration Visa Lawyer Perth often provides you with such services related to business visa, investor visa, bridging visa, employer-sponsored visa, partner visa and many more.
Deportation and expedited removal are two similar procedures for eliminating the unlawful non-citizens in Australia, but the rules and legal rights vary. Being aware of the distinction between them will allow you to be ready to make your visa valid and avoid these cases. When you have no clue as to what happens to your visa and the way forward, then seeking the assistance of the immigration lawyers Perth would make a positive difference to your situation.
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