Visa Cancellations From Criminal Convictions: Key Points & Tips

Visa Cancellations From Criminal Convictions: Here are some key facts and what to do next:

Mandatory Visa Cancellations

In 2014, a significant change was introduced to Australia’s immigration system through the Migration Amendment Bill (Character and General Visa Cancellation Act 2014). This altered the way visas were handled for individuals with criminal convictions. Under the new rules, visa holders who have a ‘substantial criminal record[1]’ are now subject to mandatory visa cancellations.

Before the changes implemented in 2014, if a visa-holder with a substantial criminal record completed their sentence, they could return to their regular life, and their immigration status was not typically affected.

Now, even after a person has served their sentence and has gone on with their life, they could suddenly find themselves facing the cancellation of their visa – sometimes 10 or 20 years after their criminal conviction.

For those affected, this change is like a second punishment, one that can sever their ties with the community, family, and career they’ve spent years building.

Visa Cancellation Sprees

The Minister for Immigration, Citizenship and Multicultural Affairs periodically carries out what many have come to call a ‘visa cancellation spree.’

The Minister conducts audits of visa holders and selects individuals for routine visa cancellations. While the process is framed as a necessary action to maintain national security and public safety, the reality for those affected is far more complex.

During these visa cancellation sprees, the Minister typically selects individuals who have a substantial criminal record prior to 2014 – before the introduction of mandatory visa cancellations under the Amendment Bill.

Now, years later, these individuals, are being swept up in a wave of cancellations during these audits. Ex visa-holders can find themselves facing deportation to countries they may barely remember or never even knew.

What Influences Visa Cancellation Sprees?

Visa cancellation sprees are influenced by a lot of different factors, including political considerations, media pressure and overall changes in the law.

Political parties often use visa cancellation sprees to show their commitment to tough immigration policies and national security, aiming to align with public sentiment. There is a clear pattern between visa cancellations and the lead-up to elections, as political parties seek to reinforce their stance on immigration to appeal to voters.

High-profile cases, especially those involving serious crimes, can also influence visa cancellations. If a particular case gains significant media coverage the government may feel the need to respond and address public concerns by cracking down on visa cancellations.

 Can a visa be cancelled more than once?

A visa can be cancelled more than once, even after it has been reinstated. There are no provisions in the Migration Act 1958 that prevent the delegate or minister from cancelling a visa multiple times.

There are several ‘triggers’ that may cause a re-cancellation. For example, if your visa has been cancelled and then you successfully revoke the decision, and your visa was re-instated, you might be issued with a formal warning against future reoffending. If you reoffend, your visa could be cancelled again.

There are cases where the Department of Home Affairs have reinstated visas, and then the Minister for Home Affairs has exercised their personal discretion to intervene and ultimately trump the Department’s decision and cancel the visa.

There is no time limitation, visa re-cancellations can happen at any time.

My visa has been reinstated, what can I do to ensure that it won’t be cancelled again?

If your visa has been reinstated it is important to ensure that you continue to meet the requirements of your visa and adhere to any conditions imposed. You also need to abide by all Australian laws and laws in foreign countries.

If you are a permanent resident or an eligible New Zealand citizen, then you may be eligible for Australian citizenship.

Who can help?

At Potts Lawyers, our immigration team is here to assist you every step of the way. We are committed to ensuring you have the best possible chance of securing and maintaining your visa status.

Contact us today to book in for a free 20-minute consultation!

 

[1] A ‘substantial criminal record’ refers to visa-holders who are currently serving a full-time prison sentence and have been sentenced to a term of 12 months or more.