How to Strengthen Your Fresh Visa Application After Deportation?

Deportation may be among the most stressful experiences of any migrant in Australia. When you are planning to have a new visa issued following deportation defenses, it is crucial to realise that the process is not only more complicated but it also faces stricter scrutiny by the Department of Home Affairs.

This is where you find that a big difference can be made regarding success by consulting with the experienced visa lawyers Perth.

What is Deportation in Australia?

In Australia, deportation is typically done when a visa is cancelled due to causes like non-observance of visa terms, criminal activities, or giving of misleading information.

The Minister of Immigration is given broad authority to cancel visas and issue removal orders under the Migration Act 1958. After being deported, the person might have to endure re-entry bans, which can be as short as three years or as long as permanent exclusion, depending on the case.

Read More – Deported from Australia – Can I Return

Key Challenges in Reapplying for a Visa

Applicants have to overcome a number of obstacles when they reapply after deportation:

• Character Test Requirements: Under section 501 of the Migration Act, one has to pass a character test. Previous convictions or misbehaviours can cause alarm.
• Exclusion Periods: In case you have been deported with a ban on re-entry, your application could be automatically denied if it is filed too soon.
• Good Intent: The government evaluates the intention of the applicant to abide by the visa conditions this time.

All these aspects complicate the procedure more than the initial visa application after deportation, as it needs a well-crafted application.

Steps to Strengthen a Fresh Application

1. Address Past Issues Transparently

Honesty is essential to the Department of Home Affairs. Openly declare the grounds of your previous deportation and present proof of how things have changed since. For instance, if expedited removal vs deportation resulted from a criminal record, show evidence of rehabilitation through character witnesses, work experience, or voluntary work.

2. Adhere to Exclusion Periods

Do not submit before your exclusion period expires, except you have strong and compassionate grounds. Premature applications will be refused.

3. Provide Strong Supporting Documentation

Enhancing your application involves detailed documentation, including:

• Evidence of employment or business connections in Australia.
• Documentation of family relations in the country.
• Voluntary work or community involvement.
• Educational or professional success since deportation.

This evidence shows your commitment to making a positive contribution to Australia.

4. Comply with Character and Health Requirements

You will require current police clearance certificates from every country you have ever resided in, as well as medical reports for the purposes of complying with health requirements. The documents must be recent and verifiable.

5. Obtain Professional Advice

The Australian immigration legislation is complex, and it becomes even more complex when applied following deportation. Employment of professional visa lawyers Perth ensures that all legal requirements are followed, proper filling of documents and submission supported with the best available evidence.

Statistics and Facts Relevant to Australia

• According to estimates provided by the Department of Home Affairs, thousands of visas are cancelled each year under section 501 of the Migration Act due to character-related problems.
• Over 600 individuals were deported in 2023-24 because they failed the character test in Australia.
• Many of the deportees who reapply individually without the assistance of a professional have high rejection rates, as prepared applications are essential.

Legal Implications to Consider

• Natural Justice: The Minister has broad cancellation powers, but an applicant is at liberty to fair procedures when putting in new applications.
• Ministerial Discretion: The Minister can interfere in compelling cases when refusal would lead to undue hardship to Australian citizens or permanent residents, including family members.
• Merits Review: In case your new visa application after deportation is denied, you can appeal the case to the Administrative Appeals Tribunal (AAT).

Final Thoughts

It is not that one cannot reapply to a visa once deported, but it is a matter of time, obedience to the legislation in Australia and a properly prepared visa application after deportation backed by substantial evidence. Being open about the past, exclusion periods, and fulfilling all character and health needs, one is likely to have a greater chance of success.

Through proper guidance, most of these people have been able to regain their path to Australia after they were derailed in the past.