The most severe consequences that a non-citizen can encounter in the Australian immigration legislation are facing deportation. In addition to the short-term effect of the fact that you have been ousted out of the country, deportation has long term-long term effects on your immigration history, as well as in most cases, permanent. These implications are important to understand in case you, or a person you know, is in danger of being deported or being removed out of Australia.
1. The meaning of Deportation in the Australian Law
Deportation and expedited removal are more or less interchangeable terms in Australia, although they have different legal definitions according to the Migration Act 1958 (Cth).
Deportation is normally applicable to non-citizens who have committed serious criminal offences since their entrance into Australia especially those having a criminal history or posed a threat to the national security.
Removal, on the other hand, is used on individuals who are not lawfully in Australia e.g. those who have overstayed their visas or products of visa cancellation.
The outcome is the same in both instances, as forced migration out of Australia and a permanent ancient on your immigration record.
2. Permanent Record on the System of Department of Home Affairs
After an individual is deported, his or her record is retained in the immigration database that is maintained by the Department of Home Affairs. This implies that any subsequent visa application into Australia will automatically initiate an examination of such a record.
The information is stored forever by the systems of the Department even though the deportation might have been done many years ago. This will be the cause of deportation, date of removal, criminal charges, and other documentation. These details can always be accessed by immigration officers who go through future applications.
3. The Re-entry Ban -Most Often Permanent
A deportation will virtually mean a permanent ban on reentry into Australia. A section 200 deportation order under the Migration Act unlike certain visa cancellations or removals is usually permanent with a temporary ban on re-entry (three or five years).
It implies that you are unable to enter Australia once more, take another visa, or even cross the country, without the deportation order being canceled, which is hardly ever the case. You need to offer strong humanitarian or national interest causes in order to have a deportation order reversed, and success is extremely low even in such cases.
Effect on Visa Applications in other countries.
The effects of deportation go way beyond the Australian borders. Most of the other nations such as the United States, Canada, and the United Kingdom will make an applicant reveal whether he/she has been deported or exiled out of any country.
One Australian deportation can thus have an impact on your worldwide travelling and migration opportunities as it would be more difficult to gain visas in other countries. All the consular as well as immigration services across the world exchange data based on different information-sharing agreements and therefore non-disclosure may result in additional bans or denials of visas in other nations.
4. Future Immigration Opportunities, any
Under certain restricted situations, a deported individual can request an authorization to come back to Australia. This normally involves filing a revocation application to the Department of Home Affairs, with the help of compelling evidence of circumstantial change or humanitarian requirement.
In example, this could be in cases where family reunification is involved, there is some serious medical issue or where the initial deportation might have been legally defective. Nevertheless, any such application is evaluated with a high degree of harshness, and a lawyer should be hired.
The importance of legal counsel before it is late
After a deportation order is implemented, everything is very simple with you. Being timely – e.g. when visa cancellation or reviewing is being done can be the difference.
A skilled immigration lawyer will assist you:
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Appeal the decision to cancel or deport to Administrative Appeals Tribunal (AAT).
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Godfather, make submissions illustrating your connection to Australia, family neediness, or rehabilitative efforts.
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Consider Ministerial Intervention possibilities where possible.
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Seeking early advice may save you a permanent stain on your record and not lose the right to stay in Australia.
Final Thoughts
Deportation does not only imply leaving Australia but that it could be the character of your immigration life forever. The deportation history is permanently noticeable to the immigration officials, not only on the capability of coming back but also on worldwide movement.
In case of visa cancellation, removal, or deportation, the legal assistance should be sought immediately. In time and in a planned manner, a swift action will assist in defending your rights and maintaining your future possibilities.