Can my Permanent Australian Residency be Revoked?
Obtaining a permanent residency visa for Australia can be a long gruelling process. Once you finally receive that long-awaited grant email from the Department of Home Affairs, you may feel that your status is genuinely permanent, especially if you previously had already been living and settled in Australia on a temporary visa. Unfortunately, for some, this is not the case.
What are Mandatory Visa Cancellations?
In 2014 Australia’s governing Liberal-National Party coalition introduced mandatory visa cancellations for anyone sentenced to 12 months or more imprisonment. Since the introduction of mandatory character cancellation, the number of criminals facing deportation from Australia has increased significantly year on year.
Jessica Edis Putt Legal’s principal lawyer said “If somebody is in prison and they received a sentence of 12 months or more they will face mandatory character cancellation. They will receive cancellation paperwork, including a letter informing of visa cancellation. The Department of Home Affairs will inform them that they have 28 days to apply for revocation”. Jessica insists that they must comply with this time frame., She said, “The National Character Consideration Centre (NCCC) will continue to receive submissions at any time up until a decision on revocation of the visa cancellation is made, but the person must have requested visa cancellation revocation by filling out the basic paperwork that they have received”.
Over 800 convicted criminals had their visas revoked in 2018, Home Affairs Minister Peter Dutton confirmed. In total the current Australian Government has cancelled more than 4150 visas since they came to power in 2013. This number is seven times higher than the number of revoked visas in the previous five years by the former Australian Labor Party government.
The Department of Home Affairs said that 100 visa cancellations in 2018 were for child sex offences, 125 for assault, 53 for domestic violence, 34 for rape and other sexual crimes, 13 for murder and 56 armed robberies. They did not elaborate on why the other 500 visas had cancellation orders. Jessica Edis Putt Legal’s principal lawyer said she “has been contacted by many people Australia wide convicted of minor crimes and even accidents, who have had their visas cancelled”. Jessica said she would encourage anyone who has had a permanent visa for a pathway for Australia to apply for Australian citizenship when they become eligible, “there is no point waiting, finish the process!”
What should you do if you receive cancellation paperwork?
When the Department of Home Affairs informs you of potential visa cancellation or refusal, time is of the essence in deciding your next move. You will need to quickly determine whether you can apply for a review or appeal an adverse outcome.
The Department will advise you of your review/appeal rights when notifying you of a refusal or cancellation decision. Time limits are strict and usually short, so it is essential that you seek advice as soon as possible.
If you or someone you know is facing visa cancellation, please email admin@puttlegal.com.au as much of the following information as you can to Putt Legal
Visa Cancellation Notice (if received)
Police Certificate or Criminal History
Passport Bio
Family information (partner, children, parents, siblings in Australia?)
Length of time in Australia
Any notifications from the Department of Home Affairs
Anything you feel relates to the matter
You can read more about Jessica Edis here.
Putt Legal is a specialised Criminal Law & Migration Law Practice based in Perth, Western Australia. We can help you apply for visas anywhere in Australia.
Anywhere you want to live, love or work.
If you require Migration advice, please call us on +61 8 9221 7682. If overseas, please email to arrange a suitable appointment time for a Skype consultation - admin@puttlegal.com.au