Can You Return to Australia After Being Deported?

Imagine you’re having coffee in Perth, hoping for a new beginning, but a previous causes of deportation order still haunts your thoughts.

Can I ever go back to Australia?

It keeps most up at night, and it’s not a simple yes or no. Trying to decipher Australian immigration law is like trying to find your way out of a maze blindfolded, but fear not, immigration lawyers Perth WA can illuminate your way.

Let’s cut to the chase on the fundamentals of how to return to Australia after deportation, all based on Australian law, fact and statistics, and real-life advice.

What is meant by deportation in Australia?

Deportation is an order under the Migration Act 1958 to expel a non-citizen from Australia, normally because they have committed offences or violated visa conditions. This differs from removal, which occurs to illegal non-citizens (without a valid visa) and does not need an order.

Deportation normally happens to permanent residents who fail the character test due to serious crimes, such as those sentenced to 12 months or more in prison. Removal occurs automatically for people who stay past their visa or break visa rules.

Can You Return? Considering Your Options

So, can you waltz your way back into Australia following a deportation order?

Kind of Ban

It’s difficult but not always impossible. Here’s where things get interesting. Whether you can return or not depends on the kind of ban and what happened in your case. Let’s examine:

1. Permanent Exclusion Periods –

If you were deported because of a serious crime, it’s hard to return to Australia. This permanent ban stops you from applying for most visas, unless the Immigration Minister personally helps you, which is rare.

You can lodge for a protection visa if you face danger in your home country, but you need to show that you meet Australia’s refugee rules.

2. Three-Year Exclusion Periods –

A three-year ban for staying in Australia longer than allowed is easier to handle. After three years, you can apply for a new visa if you have paid any debts.

For example, you can apply for a partner visa in case you’re married to or in a relationship with an Australian citizen. You’ll just need to prove that your relationship is real.

3. Waiving the Exclusion –

In special cases, you can ask to have the exclusion period removed. You need to make a strong case to the Department of Home Affairs, usually with help from immigration lawyers.

Good reasons include having close family in Australia or humanitarian reasons. The Administrative Appeals Tribunal (AAT) can look at refusals of some visas, but you must act quickly, usually within 28 days of the decision.

Role of Migration Lawyers Perth

Doing it on your own is attempting to solve a Rubik’s Cube in the dark. That is where immigration lawyers Perth WA are able to assist. Seasoned professionals with expertise in the intricacies of the Migration Act 1958 can examine your case for possibilities and identify possible paths ahead.

Solicitors can also advise on what to do, for example, paying off the debt or providing evidence of your connections to Australia. If your child is in Australia, for example, their welfare will be a specific consideration under Ministerial

Direction 110 (which replaced Direction 99 from 2024).

Tips to return to Australia after ban

If you’re thinking of returning to Australia, here are some important steps you can take.

1. Check Your Ban Status:

Contact the Department of Home Affairs to find out why you can’t go back and how long it will be. This is important before you apply for a new visa.

2. Pay Debts:

Make sure to pay any money you owe from your deportation or detention. In 2024, the Australian government collected over $10 million in costs for removals, so don’t let unpaid debts ruin your plans.

3. Collect Evidence:

Collect evidence that proves your links to Australia, including family connections, work history, or contribution to society.

4. Seek Legal Advice:

Meet with Perth, WA immigration lawyers in a timely manner to understand what your options are and do not miss deadlines like appeal against deportation order.

5. Think about Protection Visas:

You may be able to submit a protection visa if you are frightened that you will be hurt in your country of origin, but you need to demonstrate that your fear is genuine.

Conclusion

Returning to Australia after expelling is extremely difficult, but not impossible. The trick is to understand what is happening in your case, whether you have been banned for years or only for a few years, and then proceed with the proper procedures to rectify it.

With proper legal assistance, such as that from immigration lawyers Perth, WA, you can perhaps secure a visa or appeal so that your return can be made possible.