Life After Deportation - Can You Ever Come Back Legally in Australia?

Life After Deportation - Can You Ever Come Back Legally in Australia?

As deportation is an event in Australia, it can change other peoples lives. It could take people out of their families and destroy careers and overcast their future beyond.

When it comes to the common question of any person facing deportation, or who are already deported, it is often posed as: “Can I ever go back to Australia legally?”

The response is that it is dependent. Although deportation poses grave legal and procedural challenges, it does not necessarily imply everlasting prohibition. This paper delves into legal aspects of re-entry into Australia after a deportation as well as potential avenues, requirements, and the most suitable considerations.

The concept of deportation is not always easy to grasp, and different countries have different practices when it comes to deportation of individuals. In Australia, deportation law is not very clear, and there is a wide variety of information on this particular issue.

It is important to note that the process of deportation could be linked with international relations of countries. This is because a person can be deported because a country feels injury of some kind. This means that an injury is who the country feels offended or harmed by an individual. Deportation in Australia raises a lot of questions

To begin with, one should shed light on the meaning of the term of deportation as it is provided by the law of Australia. Deportation is generally known as coerced exclusion of the non-citizen by the government of Australia under the specific legal considerations.

The majority of deportations are influences by the Migration Act 1958, especially section 200 (which is applicable in case of long-term residents who are guilty of a serious crime) and section 198 (which applies more widely on unlawful non-citizens who lack a valid visa).

Upon deportation, one faces automatic and in many cases prolonged re-entry ban. The bans are not however absolute in all cases.

Meaning of Re-Entry Bans

An individual who is taken out of Australia under the Migration Act is most commonly subject to a re-entry ban (often called an exclusion period), that is, he or she is not allowed to be given another visa. The timeframe of such ban varies with respect to the particular case of removal. The typical situations may be:

• Deportation following a conviction: This will usually lead to an absolute exclusion.

• Departure with refusal or cancellation of the visa: It may lead to 3-year prohibition of re-entry.

• Forced deportation (forced removal): This usually results in a 5-year ban or higher.

• Deportation on character grounds (Section 501): It is an automatic bar in most cases, unless an appeal or minister intervention is offered.

The exclusion period usually takes effect when the individual leaves Australia.

Is the Ban Exceptions?

Yes. In some instances, people can actually file petitions to have a waiver granted to the re-entry ban. Specifically, the Department of Home Affairs takes into account waiver submissions on a case-by-case basis, and the person must provide compelling or compassionate grounds.

• Samples of circumstances that can support a waiver are:
• Having to visit a very sick close relative in Australia.
• The funeral of a close relative.
• Reunification with Australian citizen’s children.
• Showing the rehabilitation evidences and good behavior after being deported.

Notably, a waiver should not be construed to confer a guarantee that a visa will be issued to an applicant, rather, it eliminates one of the elements of hindrance during the process of the visa application.

Legal Entrance Ways

There are not many legal options of a person that wants to come back to Australia and be there after he or she is deported. They include:

1. Ministerial Intervention

In the event that a person has had their visa cancelled or refused (based on Section 501 character grounds) then an application of Ministerial Intervention can be made. The Minister has general discretionary powers to grant visa in the interest of the country.

Nevertheless, Ministerial Intervention is seldom carried out and only performed under special circumstances. The person has to demonstrate convincing arguments, e.g. close family links with Australia, medical conditions or having given a substantial benefit to the community.

2. Spouse or Family Visa Applications

In others, people can apply to a Partner Visa or Parent Visa that will allow them to re-enter the country. Such applications are accorded special attention particularly when the applicant has a record of visa overstays or criminal convictions.

These visas have little chance of succeeding after deportation in case the applicants fail to show that:

The actual, genuine lived relationship with an Australian citizen or Australian permanent resident.

That they are not dangerous to the Australian population.

A true waiver of any exclusion period, should this be the case.

3. Temporary Visas (i.e., Visitor Visa)

It is also possible to apply under special compassionate circumstances to obtain a Visitor Visa (subclass 600). All the applications of this are normally rejected except that there is a solid reason coupled with a defined waiver of the banning of reentry.

Even temporary visas have strong thresholds on the previously reported, in particular where the deportation involved character problems, significant breaches of immigration regulations.

Rehabilitation and Character Issues

There is a high level of concentration on the aspect of character test under Australian law of immigration. An individual who has been deported is very likely not to get away with any scrutiny whatsoever under Section 501 of the Migration Act.

• The Department of Home Affairs will take into account:
• The severity and the type of the previous crime or crimes.
• Shows rehabilitation since the deportation.
• Risk position of the individual at present.
• Any positive impact they had in their native country or any other country.

Any documentation about police clearances, character references, work records, etc., and evidence of community engagement may be a facilitating factor to support a case of returning.

Issues to keep in mind before Reapplying

If you are planning to visit to Australia and make an application to be allowed back into the country after being deported, you need to bear these following considerations in mind:

Time the application right:

Wait until the exclusion period is over or apply to waive it off.

Consider seeking legal assistance:

The immigration law is so complicated that it is appropriate to take advice.

Be candid:

Facts about your deportation history must not be neglected or falsely reported, as they are cause of automatic refusal of visa issuance.

Build a good case:

Evidence of good character, rehabilitation, and connections with Australia can have a great impact on your application.

Conclusion

Causes of Deportation in Australia is a tremendous obstacle to overcome, but it does not mean you are definitely prohibited to come back. The question whether re-entry is a possibility or not depends on the reason due to which the person got removed and the amount of time which was spent since he was deported, and the value of the case presented in respect to visa.

In exceptional situations, through waivers, legal mechanisms, or Ministerial Intervention, individuals may find a path backthrough it is rarely straightforward. Each case must be assessed on its own merits, with careful attention to legal requirements and evidentiary standards.

Understanding your rights and options post-deportation is the first step toward navigating this complex legal terrain.