Consequences of having been Removed or Deported from Australia

If you have been removed of deported from Australia as a result of having been an unlawful non-citizen or otherwise by the cancellation of your visa, you might have a difficult time returning to Australia. A range of limitations may apply, depending on the circumstances of your departure.

Schedules 4 and 5 of the Migration Regulations 1994 set out the various lengths of time for which people deported or removed from Australia are not allowed to return to Australia.

For example, a tourist who overstayed their visa and agreed to depart Australia voluntarily is subject to a 12 month ban, while a person who was a permanent resident but had their visa cancelled on character grounds and were subsequently removed or deported will never be allowed to return to Australia.

Non-permanent bans may be lifted in certain circumstances; namely, where the minister is satisfied that “compassionate or compelling” circumstances exist in the particular case that justify such a decision.

In our experience this can be an extremely difficult hill to climb, and takes into account a large number of potentially relevant issues. If you would like advice on your prospects, we’d urge you to get in touch.