What is Deportation and Removal from Australia, and How Does It Work?
In Australia, individuals can be forcibly removed either through deportation or removal.
Deportation requires a specific order under section 206 of the Migration Act 1958 and is applicable primarily to Australian permanent residents and certain New Zealand citizens.
Removal is an automatic process for unlawful non-citizens in immigration detention, not requiring a specific order.
Individuals without valid visas due to expiration or cancellation are classified as unlawful non-citizens. The Department of Home Affairs usually detains these individuals and removes them as soon as possible, although voluntary departure is an option to avoid removal.
If deported or removed, individuals may face restrictions on re-entering Australia (PIC 4013 & PIC4014), including permanent bans such as section 48 bar or temporary visa application restrictions.
What is Deportation and Removal?
Deportation and removal are processes by which a country expels illegal or unwanted individuals from its territory. These procedures stem from a state's broad authority to control its borders and manage foreign nationals within its jurisdiction.
What are the grounds for Deportation?
You can be deported if you:
Have been convicted of serious crimes and received a prison sentence.
Are deemed a threat to Australia's security.
Before a deportation order is issued on these grounds, you can typically appeal to the Administrative Review Tribunal (ART) any adverse security assessment.
What is the Deportation Process?
If a deportation order is issued, you can be arrested without a warrant.
If you are not the individual named in the order, you must inform authorities within 48 hours to clarify your identity.
If you are imprisoned, arrangements for your deportation will be finalised before your release, often resulting in immediate transport to the airport.
You are responsible for the costs associated with your deportation.
What about the grounds for Removal?
You can be removed if you are an unlawful non-citizen due to:
Entering Australia without a valid visa.
Entering by misrepresentation (e.g., using forged documents).
Breaching visa conditions leads to visa cancellation.
What is the Removal Process?
If law enforcement suspects you are an unlawful non-citizen, they are obligated to arrest and detain you in immigration detention.
If not detained, you might apply for a Bridging Visa E (BVE) to:
Arrange your departure from Australia.
Apply for a substantive visa.
Await the outcome of a review for a refused substantive visa.
Request ministerial intervention for a visa grant.
If your visa is cancelled due to character issues, you cannot apply for a Bridging Visa E until all cancellation revocation requests are resolved.
If a BVE application is denied, you must wait 30 days before reapplying. If the BVE is granted, this visa allows you to stay in Australia for a specified period; otherwise, you will be at risk of getting arrested and removed from Australia.
Can I appeal for a visa refusal or cancellation before I leave the country?
Yes, appealing to the Administrative Review Tribunal (ART) may be available for certain visa cancellations-related matters. It is best that you speak to an Accredited Specialist in Immigration Law to have tailored advice and creative strategy to assist with your matter.
How Can Agape Henry Crux Help You?
If you or someone you know are in a situation and seeking assistance in navigating to re-enter Australia due to their past immigration history, contact us at Agape Henry Crux for professional legal assistance. You can book a Migration Planning Session with one of our immigration lawyers or Accredited Specialist in Immigration Law to seek professional advice by calling 02-8310-5230 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese, and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.