This article outlines important points in relation to deportation in Australia. Contrary to popular belief, it is possible for some permanent residents and New Zealand citizens to face deportation from Australia. This is only in case of some circumstances. Broadly, this includes:
- if they are facing a conviction of a serious crime and have received a prison sentence; or
- if authorities consider them to be a threat to the security of Australia
Authorities can make a deportation order under Section 206 of the Migration Act (read more below) and it only concerns Australia permanent residents.
Removal, on the other hand, refers to the process of removing those who are in immigration detention in Australia. Unlike deportation that requires a deportation order, the process of removal does not require any such order.
Division 9 under Part 1 of the Migration Act outlines sections relevant to deportation Australia. This division consists of the following Sections:
- Section 200: Deportation of certain non-citizens
- Section 201: Deportation of non-citizens in Australia for less than 10 years who are convicted of crimes
- Section 202: Deportation of non-citizens upon security grounds
- Section 203: Deportation of non-citizens who are convicted of certain serious offences
- Section 204: Determination of time for Section 201 and Section 202
- Section 205: Dependants of deportee
- Section 206: Deportation order to be executed
One of previous articles covers Sections 200 to Section 203 of the Migration Act on deportation. Read the article here: https://jbsolicitors.com.au/deportation-under-the-migration-act/
In this article, we will outline Sections 204-206 of the Migration Act.
Section 204: Determination of time for Sections 201 and 202
Firstly, this Section states that where a person has a conviction of an offence (other than an offence the conviction in respect of which was quashed) the period for which the person was confined in prison for that offence shall be disregarded in determining the length of time that that person has been in Australia as a PR or as an exempt non-citizen or a special category visa holder.
Furthermore, as per Section 201 and Section 202, permanent resident refers to a person (including an Australian citizen) whose continued presence in Australia is not subject to any limitation to time imposed by law, but it does include:
- In relation to any period before 2 April 1984 – a person who was during that period a prohibited immigrant within the meaning of this Act as in force in that time; or
- In relation to any period starting on or after 2 April 1984 and ending on or before 19 December 1989 – the person who was, during that period, a prohibited non-citizen within the meaning of this Act as in force in that period; or
- In relation to any period starting 20 December 1989 and ending before the commencement of Section 7 of the Migration Reform Act (1992) – a person who was during that period an illegal entrant within the meaning of this Act as in force in that period, or
- In relation to any later period – the person who is, during that later period, an unlawful non-citizen.
Finally, for the purpose of this Section:
- a reference to prison includes a reference to any custodial institution at which a person convicted of an offence may need to serve the whole or a part of any sentence imposed upon him or her by reason of that conviction; and
- a reference to a period during which a person was facing confinement in a prison includes a reference to a period:
- During which the person was an escapee from a prison; or
- During which the person was undergoing a sentence of periodic detention in a prison.
Section 205: Dependants of Deportee
Subsection (1) states that where the minister makes or has made an order for the deportation of a person who has a spouse or a de facto partner, the Minister may, at the request of the spouse/de facto partner, remove:
- The spouse or de facto partner, or
- The spouse or de facto partner and a dependent child or children
of that person.
Moreover, where the minister makes or made an order for the deportation of a person who does not have a de facto partner or a spouse, the Minister may, at the person’s request, remove a dependent child or children of the person.
Section 206: Deportation Order to be Executed
Where the Minister has made an order for the deportation of a person, that person shall, unless the Minister revokes the order, face deportation accordingly.
Secondly, Section 206 states that there won’t be any effect on the validity of an order for the deportation of a person because of any delay in the execution of that order.
Seeking Advice from Immigration Lawyers
Immigration lawyers can provide more advice in relation to deportation in Australia. Our lawyers have years of experience in dealing with immigration matters. Moreover, we have lawyers who are well-versed with both criminal law and immigration law – a benefit when dealing with matters related to deportation Australia.
If you need to get in touch with our team, do not hesitate to contact us today.
