What Crimes Will Get You Deported from Australia?

For non-citizens in Australia, committing serious offences can lead to deportation under Australian law. What Crimes Will Get You Deported from Australia? The Migration Act 1958 sets specific rules on offences that could result in forced removal, particularly those carrying sentences of 12 months or more.

This article outlines what crimes can lead to deportation, explains the deportation process, and provides insight into how appeals work, offering essential information for those facing this situation.

Discover What Crimes Will Get You Deported from Australia

In Australia, certain crimes committed by non-citizens can lead to deportation. The Migration Act 1958 specifies offences that may result in forced removal, particularly those carrying a sentence of 12 months or more. 

These laws reflect Australia’s commitment to public safety and national security, ensuring only those who meet strict character standards can remain in the country.

Here’s a breakdown of the main crimes that may result in deportation:

• Murder: Among the most serious offences, intentional killing is a primary reason for deportation, showing a disregard for human life and Australian law.
• Drug Trafficking: Involvement in the sale, distribution, or production of illegal drugs is strictly prohibited. The Australian government takes a firm stance against drug-related activities.
• Sexual Assault: Convictions for sexual crimes, especially those involving minors or other vulnerable individuals, are grounds for deportation. These crimes have severe social and legal repercussions.
• Fraud and Financial Crimes: Offences like large-scale fraud, embezzlement, or other significant financial deceptions threaten economic security and are deportable.
• Human Trafficking: Engaging in forced labour, human trafficking, or coercive exploitation is a serious offence leading to deportation due to the severe human rights violations involved.
• Assault and Violent Crimes: Physical assaults causing significant harm are deportable offences, with Australian law prioritising public safety.
• Gang or Organised Crime Affiliation: Active involvement in organised crime, smuggling, or gang-related activities poses a risk to community welfare and results in deportation.
• Terrorism and Espionage: Any association with terrorist groups, planning attacks, or involvement in espionage against Australia is likely to result in immediate deportation due to national security risks.

Understanding what crimes will get you deported from Australia helps non-citizens recognise the gravity of these offences, emphasising the importance of lawful conduct while residing in the country.

The Department of Home Affairs: Key Factors in Deportation Decisions

The Department of Home Affairs carefully assesses multiple factors before finalising a deportation decision. This approach ensures each case is evaluated on individual circumstances while upholding public safety. 

Key considerations include:

• Severity of the Crime: Offences involving significant harm or danger to others increase the likelihood of deportation. Serious crimes such as violent assaults or major drug offences often lead to removal.
• Signs of Reformed Behaviour: Evidence of positive changes or rehabilitation since the offence can sometimes weigh in an individual’s favour, indicating a reduced risk to the community.
• Community and Family Ties: A stable presence in Australia, including close family members or children, may be taken into account and could reduce the chance of deportation.
• Risk of Reoffending: Individuals who present an ongoing risk are more likely to face deportation, as the government prioritises the safety of its residents.

This balanced consideration allows the Department of Home Affairs to make well-informed decisions, weighing each person’s unique situation against the broader need for community safety.

Failing the Character Test

Under the Migration Act 1958, non-citizens in Australia are required to meet a character test to determine their fitness to remain in the country. This test evaluates an individual’s background and behaviour to ensure they do not pose a risk to the Australian community. Key factors in this assessment include:

• Criminal Record: A significant or violent criminal history, especially involving repeated offences, often leads to a failed character test. Serious crimes such as assault or repeated theft are viewed as a risk to public safety and community well-being.
• Associations: Links to criminal organisations or groups with a reputation for unlawful activities may also fail the character test. These associations indicate a potential influence that could endanger the community.
• Potential Harm: Any past actions suggesting a risk to others, including serious traffic violations or reckless behaviour that endangers individuals or society, are considered during assessment.

Failing this test usually results in visa cancellation and subsequent deportation. Offences such as domestic violence or crimes that could harm others are particularly likely to trigger deportation, as the Australian government prioritises the safety and security of its residents and communities.

Deportation and Visa Types: Who Is Most at Risk?

Certain types of visa holders in Australia are more vulnerable to deportation, especially if they commit a crime or fail to meet visa conditions. Here’s an overview:

• Temporary Visa Holders: Student, working holiday, and temporary work visa holders face high risks of deportation. Even minor offences or condition breaches can lead to immediate visa cancellation.
• Permanent Residents: Permanent residency isn’t an absolute shield against deportation. Serious criminal convictions, particularly those resulting in a 12-month or longer sentence, can lead to deportation under the Migration Act 1958, affecting those on partner, skilled migration, and family reunion visas.
• Bridging Visa Holders: Individuals on bridging visas awaiting decisions on permanent residency or citizenship are also at risk. Legal troubles during this period can jeopardise their visa status and future applications.
• Individuals with Criminal Affiliations: Any visa holder with a history of reoffending or connections to criminal organisations faces heightened scrutiny and potential deportation, as authorities prioritise community safety.

Staying informed of the risks associated with each visa type is essential for non-citizens, encouraging them to remain law-abiding and adhere to their visa conditions.

National Security Offences: Immediate Grounds for Deportation

Australia prioritises national security, with certain offences leading to immediate deportation. Crimes related to terrorism, espionage, and extremism are considered severe risks, and non-citizens involved in these activities are quickly removed. The Department of Home Affairs has the authority to expedite deportations for individuals believed to threaten national security.

These deportations often bypass traditional appeals processes to minimise risk to the public and the country’s security. Deportation in these cases is typically final, with no chance of re-entry for those involved in terrorism or espionage.

The Deportation Process in Australia

For non-citizens facing deportation, the deportation process can move quickly. Here’s a summary of what the process looks like:

• Detention: If authorities decide on deportation, the individual may be detained, especially if already incarcerated.
• Immediate Removal Arrangements: In cases where individuals are in prison, arrangements for deportation are usually made before release. Deportees are often taken directly from custody to the airport.
• Immigration Detention: If not in prison, the individual is placed in immigration detention until deportation arrangements are finalised.
• Financial Responsibility: Individuals facing deportation are generally responsible for covering the associated costs, which adds a significant financial burden on top of the legal and personal consequences involved in the deportation process, further impacting their situation and resources.

If the detained individual believes they have been wrongly identified, they have 48 hours to notify authorities to prevent wrongful deportation.

Appeal Options Against Deportation Australia

For those facing deportation, there are specific appeal options available, depending on the circumstances. The two main avenues are:

• Administrative Appeals Tribunal (AAT): Individuals in Australia may appeal their visa cancellation with the AAT, but they must act swiftly—often within nine days of receiving the cancellation notice. The AAT’s ability to review depends on the type of visa involved, so checking eligibility is crucial.
• Federal Court: After exhausting AAT options, individuals may appeal to the Federal Court if they believe there has been a legal error in the Minister’s decision. This route is typically complex and expensive, making it viable only for cases with solid legal grounds. Involving legal experts is recommended to explore this path effectively.

Seeking professional advice is essential when exploring these options, as deadlines are short and each case involves unique considerations.

Citizenship Revocation and Deportation: Can Australian Citizenship be Revoked?

While Australian citizens are generally protected from deportation, there are rare exceptions where citizenship revocation can occur. The main situations include:

• Fraudulent Citizenship Acquisition: Citizenship obtained through deceit—by providing false information or deliberately concealing critical facts—can be revoked by the Australian government. Such revocation may lead to deportation, with serious consequences for the individual involved.
• Dual Citizens and Terrorism: Dual citizens engaged in serious criminal activities, particularly those connected to terrorism, are at risk of losing their Australian citizenship and facing subsequent deportation.

This rare measure underscores Australia’s commitment to upholding national security and lawful behaviour among its citizens. However, for those who obtain citizenship lawfully, deportation is not typically a concern.

Changes in Deportation Laws: The Impact of Section 501

Under Section 501 of the Migration Act, the Minister for Home Affairs has wide authority to cancel visas for individuals who fail the character test. Known as 501 deportation, these provisions allow for the swift removal of non-citizens posing a public or national security risk. 

Recent changes under the new deportation laws Australia have made it easier for the Minister to cancel visas without appeals, particularly in cases where individuals pose a significant risk to the community. 

The strict enforcement of Section 501 reflects the government’s approach to ensuring public safety and maintaining high character standards among non-citizens.

Deportation’s Personal and Social Impacts

For non-citizens, deportation comes with profound personal and social consequences that can drastically alter lives. Key impacts include:

• Family Separation: Deportation often leads to long-term or even permanent separation from family members residing in Australia, disrupting family structures and emotional support networks.
• Loss of Employment: Many deportees lose their job and, consequently, their primary source of income. This sudden loss often leads to financial hardship, affecting not only the individual but also any dependents relying on that income.
• Re-entry Bans: Deportation frequently involves a re-entry ban, sometimes lasting several years or even indefinitely. This restriction prevents individuals from returning to Australia, limiting future family reunification and job opportunities.

These consequences extend beyond the individual, impacting family members, colleagues, and communities connected to them. 

For permanent residents or those on temporary visas, deportation is a serious matter, underscoring the importance of lawful conduct to avoid the significant personal, financial, and social costs associated with deportation.

Staying Informed and Avoiding Deportation Risks

In Australia, staying informed about deportation risks is crucial for non-citizens and permanent residents. Committing serious offences or failing to meet the character test could jeopardise residency status and result in deportation. 

By understanding the laws, individuals can protect their status and avoid potential deportation consequences, ensuring a stable and lawful presence in the country.

Get Legal Support with KPT Legal for Deportation Concerns

Facing deportation? If you’re concerned about what crimes will get you deported from Australia, KPT Legal offers support to those dealing with deportation issues in Australia. Reach out to us to understand your options and safeguard your rights during this challenging time.