How Can a Permanent Resident be Deported from Australia?

Australia is one of those countries that offers a number of facilities to the holder of the Permanent Resident Visa. Not only does the Visa allow the holder to study or work in Australian while living there, but it also allows the holder to live for as long the need to live there. So it is almost like getting a citizenship in Australian. However, there are some minor differences. Firstly, the person holding a Permanent Resident Visa is not allowed to vote for Federal, State or Territory Elections but can vote only in the local elections if they so desire. Secondly, the Permanent Resident Visa holder is not safe from being deported on the various grounds that the deportation law of Australia states. For that matter, even the Australian Citizen having acquired citizenship is not immune to the deportation law and can be deported from the country on a number of reasons that include:

  • If the person is proven guilty of making false statement when submitting the application for citizenship.
  • The person has been served a death sentence, or an imprisonment of a term not less than a year.
  • The person has been convicted of a criminal offence for which the person has been convicted for at least 12 months prior to acquiring the Australian Citizenship.
  • Fraudulent means have been adopted by the applicant in gaining his Australian Citizenship.
  • If it is believed that the presence of a person in the country could harm the security of the country and is against the public interest of the people.

Therefore, if a person has not indulged in any of the above mentioned activities and has not had any criminal record, whether Permanent resident or a citizenship in Australia, it is most unlikely that the resident will be affected.

Then who are the permanent residents who can be deported? To know the answer to the question Can a permanent resident be deported from Australia? it is necessary to know the reasons for the deportation in case the resident is deported.

To be removed forcibly from the country of Australia, there are two ways in which the resident or a citizen can be removed; and the two ways are either Deportation or Removal.

Deportation: For a permanent resident to be deported, a specific order under the Section 206, mentioning the reason for the deportation is to be issued. The Section 206 comes under the Migration Act of 1958. This order under the Section 206 can be issued for the deportation of Permanent Residents only. Deportation usually affects permanent residents who have indulged in serious criminal offences, have been convicted by law, or if the resident is perceived as a threat to the security of the nation. Depending on the nature of the reason for deportation, there may be a ban on the re-entry, and any future visa application may either be rejected or withheld.

Removal: The person who has been serving a detention term under the immigration detention, under the Department of Home Affairs, is an automatic procedure in which no order is required. Usually people who are non-citizens having entered Australia by unlawful means are those who are removed. The removal can be averted by voluntarily leaving the country and hence also avoiding detention.

The Deportation Procedure:

A deportation order may result in the arrest of the resident, for which no warranty is required. The resident can refute the deportation order if the person named in the order is not the actual resident, but it must be done within 48 hours. A court decision is then taken for the identity of the resident.

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