Can I be deported if I commit a crime in Australia?

In Plain English

Yes, it is possible to be deported if you commit a crime in Australia. The Migration Act 1958 deals with deportation of non-citizens. Additionally, the Australian Citizenship Act 2007 outlines circumstances where a citizen can have their citizenship revoked, potentially leading to deportation. For instance, if a court finds you guilty of a serious crime and sentences you to at least 3 years in prison, the court can order that you cease to be an Australian citizen under certain conditions, as per the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023.

Detailed Explanation

Several pieces of legislation are relevant to the deportation of individuals who commit crimes in Australia:

  1. Migration Act 1958: This Act provides the framework for deporting non-citizens. Several sections are relevant:

    • Sections 217-222 outline the process for removing or deporting individuals, including the responsibilities of vessel controllers to transport deportees and the costs associated with removal.
    • Section 223A and following deal with offenses related to unlawful entry into, and remaining in, Australia.
    • Section 501 deals with the character test. If a person does not pass the character test, their visa can be cancelled and they can be deported. A person can fail the character test if they have a substantial criminal record, which includes being sentenced to imprisonment for 12 months or more (Migration Act 1958 subsection 501(7)).

  2. Australian Citizenship Act 2007: As amended by the Australian Citizenship Amendment (Citizenship Repudiation) Act 2023, this Act allows for the cessation of citizenship in certain circumstances:

    • Section 36C(1) states that a court may order a person to cease being an Australian citizen if they are convicted of a serious offence and sentenced to at least 3 years imprisonment. The "serious offences" are listed in 36C(3) and include offences against Subdivision A of Division 72 of the Criminal Code (explosives and lethal devices), Subdivision B of Division 80 of the Criminal Code (treason), section 83.1 of the Criminal Code (advocating mutiny), Division 91 of the Criminal Code (espionage), Division 92 of the Criminal Code (foreign interference), provisions of Part 5.3 of the Criminal Code (terrorism), and provisions of Part 5.5 of the Criminal Code (foreign incursions and recruitment).
    • The court must be satisfied that the person's conduct demonstrates a repudiation of allegiance to Australia (36C(4)(c)).
    • The court must consider the best interests of any children involved (36C(6)).
    • The court cannot make an order if it would leave the person stateless (36C(2)).
    • Section 36D allows the Minister to apply for a citizenship cessation order.

  3. Criminal Code Act 1995: This Act defines various criminal offences, some of which, if committed and resulting in a significant prison sentence, could trigger the citizenship cessation provisions in the Australian Citizenship Act 2007 or visa cancellation under the Migration Act 1958. Examples of relevant offences include:

    • People smuggling offences (Division 73).
    • Treason (Division 80).
    • Entering or remaining in declared areas (section 119.2).

In summary, committing a crime in Australia can lead to deportation, especially for non-citizens or citizens who commit serious offences that lead to a loss of citizenship. The decision to deport depends on the severity of the crime, the individual's immigration status, and other factors considered by the courts and the Minister.