Deportation

[JohnWulff]

Hi

i have a complex situation with my brother and seeking some guidance. He is currently in jail, convicted of corruption, sentenced to 5 years suspended after 20 months. He is not a citizen but has a permanent resident visa. He has been in Australia along with the rest of our family since 1962.

under section 201 he automatically faces visa cancellation ands show cause.

my questions are, if anyone can assist

will his potential deportation be executed after his release or do they contemplate deportation while he is is serving his time?

will dimia notify him during his sentence or will they wait till he is released, detain him and then advise home of their decision?

Can his immigration lawyer seek and early determination so they can take others course of action for an appeal to the courts?

 

thanks to any who can respond

 

john

[Marisawright]

If you are using an immigration lawyer then your best advice is to ask him these questions. He is the expert.

It just goes to show how foolish it is to settle in Australia and not get citizenship when you are eligible.

Edited September 11, 2019 by Marisawright

[rammygirl]

It does seem very harsh for someone who has been here nearly 60 years.  They do seem to be enforcing this though.  I would get legal advice from someone who has experience in these matters and I’m not sure that a migration agent would.

Depending on the circumstances getting your federal MP on your side may also help.

[JohnWulff]

Thanks for the feedback. He does have a lawyer but her strategy so far involves committing further offences it would seem so I don’t trust her

thanks again

[JohnWulff]

And quite right he should have gained citizenship long ago

[ali]

I think the advice your seeking goes beyond the scope of the membership here.  

[rammygirl]

1 hour ago, JohnWulff said:

And quite right he should have gained citizenship long ago

People don’t for many reasons, some countries do not allow dual citizenship for example.  Many just never get around to it, especially if they don’t travel and need RRVs.

A mate of mine has been here 25 years and despite working for a council and organising ceremonies is still not a citizen. He travels and applies for RRVs then thinks well that’s another 5 years paid for so when it runs out I will do citizenship.  Then another holiday looms and there isn’t time so the RRV is applied for again............

We got ours as soon as we could as UK allows dual citizenship so a no brainer really.

It is, after all, only recently that such draconian laws were enacted and enforced.

It is a difficult situation and really the law was to deter terrorism and has now caught up people with quite minor convictions.

I do not know the circumstances of your brother offence but I do commiserate with your situation, it can’t be easy.  

[Samson]

There are many rules the department have to follow, one of which is successfully notifying him that his visa is being considered for cancellation. He will then have a set time to respond saying why it should not be cancelled, the will then notify him of the decision and yes once released could go straight to immigration detention awaiting deportation if he doesn’t appeal. 

If this is his first and only conviction he may not be stripped of his PR he may receive a warning that his visa may be cancelled if he commits further offences. 

Being in Australia since 1962 has a very high amount of weight for reasons not to cancel his visa. If he has family here and none back home again puts weight on not to cancel the visa, if he has dependant children again puts weight on not cancelling the visa, also if the crime is a non violent crime and or towards vulnerable people it would put weight on not to cancel the visa. 

And finally the likely hood of reoffending again at his age I would hope he isn’t. 

if It’s cancelled  and appealed the AAT will look at his whole criminal record it will not go well if he has a lot of convictions. 

 

 

 

 

 

 

[Phoenix16]

5 hours ago, JohnWulff said:

And quite right he should have gained citizenship long ago

Hindsight is a wonderful thing! Saying that Australia is being tough on dual citizens and will strip you of your Australian citizenship if it believes it warrants it.  As another poster mentioned the laws were enacted primarily to deter terrorism but many other are being caught up in them, and as another poster mentioned we don’t know the ins and outs of your brothers case, but on the few facts you’ve supplied if it is a first offense and non violent towards anyone whatsoever hopefully he gets a second chance.  But yeah, ‘permanent’ resident is not as ‘permanent’ as many may believe sometimes, Citizenship, where it’s possible, it a no brainer if you plan to live in Australia for the long term xx

[Amber Snowball]

I worked in a prison in Victoria and we had a few inmates that were taken straight to the airport or immi detention centre on release to be returned to their country of origin asap. One bloke sent back to Germany would have been 70 if he was a day. No idea of their visa status’ or how long they had been in Australia though.