Applying for a visa, getting your visa approved, and settling in Australia is one thing; living by the rules applicable to immigrants in the country is another. The rules, however, aren’t difficult to follow but if you happen to default them as an immigrant, it could lead to you being jailed and in the worst-case scenario deported.
If you are currently living in Australia as an immigrant it’ll be important for you to know the violations that could lead you to jail or ultimately send you back to your home country. In this article, you’ll find violations in Australia that can lead you to jail or get you deported as an immigrant.
According to section 189 of the Migration Act, people who enter Australia without a valid visa are considered unlawful non-citizens. In addition to that, it also says that those unlawful non-citizens are subjected to mandatory arrest and in the long run removal or deportation if a valid visa is not provided or granted.
Some of the most common reasons that could lead to you being jailed or deported as an Australian immigrant include:
- Breaching the visa conditions stipulated in your visa grant letter
- Overstaying the temporary visa
- Committing serious offences
Even immigrants with permanent residency are not excluded as they could also get jailed or deported if they violate Australian laws. For example, if a permanent resident commits a serious crime, just like an immigrant without permanent residency, they could get deported as well. That’s because section 501 of the Migration Act allows the minister to strip off the permanent status as a result of bad character.
Without further ado, let’s take a look at some of the reasons that could get you jailed or deported as an immigrant in Australia.
If you enter Australia via deception
If a person living in Australia enters the country with a visa, passport or other travel documents that weren’t issued to them, it means that they entered the country by deception. In this case, the visa will get cancelled once the irregularity is discovered.
Committing a serious crime
According to section 201 of the Migration Act, if a permanent resident commits a serious crime (or has a substantial crime record) within the first ten years of their stay in the country, the person will be jailed and in the worst-case scenario deported. However, in modern times, this section is rarely used, rather section 501 is more commonly used which allows the minister to cancel the permanent visa despite having stayed in the country for so long.
The substantial criminal record Section 501(7) is defined to contain:
- Being acquitted of an offence due to insanity or unsoundness of mind as a result of which person will be detained in an institution or facility
- Sentenced to two or more terms of imprisonment (on one or several occasions) where the sum of all the terms equals two years or more
- Sentenced to a term of imprisonment of one year (12 months) or more
- Sentenced to imprisonment for life
- Sentenced to death
Overstaying your visa
If a person enters Australia with a temporary visa it means that their stay in the country is valid up until their visa gets cancelled or expired. In that case, you’ll be required to leave the country; however, if you continue to stay (overstaying your visa), you’ll be considered an unlawful non-citizen which means you could get detained until a further visa is granted and if that doesn’t happen, you’ll get removed from Australia.