Deportation – Myths and Misconceptions

Under Australian migration law, deportation myths typically generate false anxiety and misconceptions among migrants. The perceived notion is that deportation happens spontaneously or instantly, but no, it is not. Causes of Deportation in Australia has law, policy, and process under the Migration Act 1958.

Being able to differentiate between fiction and fact can enable one to make wise choices and steer clear of avoidable anxiety.

Common Myths About Deportation –

Myth 1: It’s Illegal to Apply for Asylum and Will Lead to Automatic Deportation

It is a common myth that it is illegal to come to Australia without a visa to apply for asylum and that this leads to automatic deportation. Applying for asylum, however, is extremely legal and has international obligations like the 1951 Refugee Convention that Australia has signed and ratified. Individuals who arrive by boat or otherwise without pre-authorization are illegal non-citizens, but can have their claim to protection considered.

Myth 2: Any Criminal Conviction Will Result in Deportation

Others think that even small-time crimes will result in Australian deportation. The truth is, only serious offences usually trigger the cancellation of a visa under section 501 of the Migration Act, which subjects one to a character test.

A significant criminal record, e.g., 12 months or more extended imprisonment, or for sex offences against children, is likely to require cancellation. Minor offences like traffic offences are not necessarily covered.

The Department of Home Affairs will make a decision on each case on individual merits, taking time spent in Australia and family connections into account.

Myth 3: Marriage to an Australian Citizen Prevents Deportation

A common myth is that marriage to a citizen guarantees absolute protection against the difference between detention and deportation. While partner visas (subclass 820/801) provide bridges to residency, marriage itself does not immunize a person from deportation if they violate immigration laws.

Where the relationship is determined to be not genuine, i.e., fraudulent marriage, or where the non-citizen is involved in serious offences, the visa may be cancelled under section 501.

The Department rigorously scrutinises applications and demands evidence of a genuine relationship. Genuine marriages as well have to adhere rigorously to all conditions; breach leads to denial of the bridging visa and subsequent removal.

Myth 4: Valid Visa Holders Are Immune to Deportation

There is a misconception that valid visa holders are immune to deportation. Visa holders can have their visa cancelled if conditions are violated, thus making them illegal non-citizens liable for removal. Typical offences are unauthorised work on a student visa or defrauding on arrival.

In 2023, the Australian Government made thousands of cancellations for the breaches above, resulting in detention and removal. Bridging visas, such as those provided by individuals, grant temporary release upon the deportation order appeal, but no visa is untouchable without obedience.

Myth 5: Australia’s Detention Conditions Are Non-Punitive

It is claimed to be a myth that Australia offers non-punitive conditions of detention. Reality presented by reported facts of the Australian Human Rights Commission indicates prison-like environments, with detention for over three years by late 2023. Forcible detention of unauthorised arrivals, including children, has been condemned for human rights abuses such as excessive restraints and restricted access to services.

The 2023 NZYQ High Court decision made indefinite detention illegal, but there were releases, and conditions are still in dispute. While written for bureaucratic reasons, long-term detention causes mental illness, far from the “not bad“ reputation.

Myth 6: Deportation Processes Can Be Handled Without Expert Guidance

Finally, the majority think one can navigate deportation problems by themselves. Australian immigration legislation is complex, with limited periods of appeal, typically 28 days for cancellations. Mistakes on the application can make things worse, like extended bans.

Engaging specialists, such as migration lawyers Perth, ensures effective advocacy, from character test appeals to bridging visa applications. Their knowledge of local laws could be the difference between removal and resolution.

Conclusion

Dispelling these myths gives individuals the confidence to venture into Australia’s immigration process. At an estimated 60,000 resettled refugees as of the current UNHCR statistics, emphasis is placed on equitable processes and not fear.

It is advisable that you seek the consultation of the Department of Home Affairs in order to have an experience in the process of visa and residency application. In this way, you would prevent any undue time wasted in the process. The initial move in staying within the laws of immigration and securing your future life in Australia is to know what you can have and what you must do.