Mistakes That Can Lead to Deportation in Australia

Are you working in Australia on a visa, or processing your migration through your occupation, or in the process of seeking permanent residency?

It is possible you are in danger of being deported without the counsel of an experienced immigration lawyer Perth. The Australian immigration system is stringent, and any slight mistakes can result in the cancellation of your visa and subsequent deportation.

This blog will focus on common deportation defenses and mistakes that are common according to Australian law, the legal structure involved in the cancellation of visas and how you can safeguard your immigration status.

Deportation and Visa Cancellation in Australia

Deportation in Australia is the action taken to deport a non-citizen who is committing a crime or an illegal immigrant, or one who is a threat to society in Australia. The reasons for the cancellation are also outlined in the Migration Act 1958, according to which the Department of Home Affairs has the right to cancel visas for several reasons.

Key Legislation:

• Section 501 of the Migration Act 1958: Character grounds
• Section 116: Individualised grounds such as danger to the well-being of the community, safety or general welfare
• Section 109: Non-compliance with visa conditions

Mistakes That Could Get You Deported from Australia

Deportation is a serious legal consequence that will impact your future ability to return to Australia or seek visas elsewhere.

1. Criminal Convictions

The most frequent grounds for visa cancellation and deportation is a criminal conviction. If a non-citizen is imprisoned for 12 months or more, their visa can be automatically cancelled on character grounds under Section 501. These include:

• Drug offences
• Assault or domestic violence
• Theft or robbery
• Sexual offences

Although an individual may not be jailed (e.g. given a suspended sentence), the type of crime can result in cancellation of the visa based on its seriousness.

Note:

You can still be deported even if the offence was committed years earlier and even if you have strong ties or family in Australia.

2. Failure of the Character Test

Under Section 501, character testing is required for visa holders. The Department of Home Affairs will consider the following factors:

• A significant criminal history
• Relationships with groups suspected of criminal activity
• Past and current criminal or dishonest behaviour
• Risk to the Australian community

Failure of the character test can lead to instant detention and removal.

3. Giving False or Misleading Information

Providing false information at the time of a visa application or immigration interview constitutes a breach under Section 109. These include:

• False documents (employment letters, proof of relationship)
• False statements relating to qualifications or identity
• Misleading information in character statements

The Australian Government has developed verification procedures. If you are caught, your visa will be revoked, and you will be subject to a ban of up to 10 years on reapplication.

4. Violation of Visa Conditions

All visas have conditions, and violating them can lead to cancellation and deportation. Some violations include:

• Exceeding the number of permitted working hours (particularly on student visas)
• Being non-compliant with enrolment in an approved course
• Staying in the country beyond the visa
• Failure to inform of changes of address

The government can cancel your visa under Section 116 if you violate these conditions, either by mistake or on purpose.

5. Participation in Domestic Violence

Australian immigration law takes family and domestic violence extremely seriously. Even if you’re on a partner visa or have children in Australia, engaging in domestic abuse may result in deportation under both Section 116 and Section 501.

The courts may issue intervention orders or criminal charges, both of which can trigger visa reviews.

6. National Security and Public Safety Risks

Those who are suspected of engaging in terrorism, espionage, politically motivated violence, or who are dangerous to national security can be removed on character or public interest grounds. The cancellation may be:

• Automatic, by Ministerial Direction
• Discretionary, if intelligence authorities raise an alert

You don’t have to be convicted, suspicion or intelligence alone may lead to cancellation, particularly for reasons of national interest.

7. Health-Associated Risks

An individual may be removed if:

• They present a significant risk to public health (e.g. having an infectious disease and refusing treatment)
• They are incapable of caring for themselves by reason of health conditions, which will place the public health system at undue expense.

Although exceptional, this is done under Section 116 and can be appealed through the courts.

Conclusion

Living in a foreign country (Australia) on a visa comes with responsibility and with privilege; any breach, whether criminal, technical or procedural, can put your legal stay at risk. Be responsible, read the conditions of the visa, tell the truth in your contact with the Department of Home Affairs, and seek urgent legal advice from an immigration lawyer Perth, and you can avoid the cruel effects of deportation.