The Daily Mail Australia reported that over 800 foreign nationals have been deported from Australia in 2018 after their visas were cancelled due to criminal activities in Australia.
These latest figures mean that under the new laws, approximately 4150 foreign nationals have been deported in the past 5 years. Minister for Immigration, Citizenship and Multicultural Affairs - David Coleman was reported to have said that: 'Foreign nationals who think they can flout our laws and harm Australian citizens should expect to have their visa cancelled.' 'It is a privilege to enter and remain in Australia and we have no tolerance for those who put Australians in danger.'
Foreign Affairs Minister Peter Dutton added: "We welcome people from all around the world, but those few who think they can live in Australia and be involved in criminal actions need to know they won’t be staying long."
If a person is considering living, working or studying in Australia, it must be noted that Australia has very strict laws pertaining to foreign nationals committing crimes. If you commit a crime in Australia, even if you are a permanent resident, you can have your visa status removed if you fail the "Character Test".
Failing the character test can result in the Home Affairs Department utilising their discretionary powers to cancel the visa of people who pose a risk to the community or if they are deemed to NOT be of "good character".
A Fact sheet 79 for Section 501 of the Migration Act reads (in part):
"Entering or remaining in Australia is a privilege, and it is expected that non-citizens are, and have been, law-abiding. Visa holders must also continue to satisfy the character requirement."
Current policy states that there is a mandatory cancellation on all visas where the visa holder has been sentanced to 12 months or more imprisonment or if you have been found guilty of a sexual based crime relating to a child.
FAILING THE CHARACTER TEST
You will not pass the character test if:
1. You have a substantial criminal record
2. You have been convicted of escaping from immigration detention, or convicted for an offence that you committed:
- while you were in immigration detention
- during an escape from immigration detention
- after an escape, but before you were taken into immigration detention again.
3. You are or have been a member of a group or organisation, or had or have an association with a person, group or organisation that the Minister reasonably suspects of being involved in criminal conduct.
4. The Minister reasonably suspects that you have been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have been convicted of such an offence.
5. Your past and present criminal or general conduct shows that you are not of good character
6. There is a risk that while you are in Australia you would:
- engage in criminal conduct
- harass, molest, intimidate or stalk another person
- vilify a segment of the Australian community
- incite discord in the Australian community or in a part of it
- be a danger to the Australian community or a part of it.
7. You have been convicted, found guilty or had a charge proven for, one or more sexually based offences involving a child
8. You are subject to an adverse security assessment by the Australian Security Intelligence Organisation.
9. You are subject to an Interpol notice, from which it is reasonable to infer that you are a direct or indirect risk to the Australian community, or a segment of the Australian community.
If you feel that there may be a risk you will not pass the character test, contact VISAS TO AUSTRALIA to discuss your options on 0403875409