Immigration, Criminal Convictions and Visa Cancellation

Concern: How should Australia respond when a non-citizen commits a serious criminal offence?

Key Points

• Australian law allows visas to be refused or cancelled on character grounds, including certain criminal convictions.

• Under the Migration Act 1958, some visa cancellations are mandatory when specified legal conditions are met.

• A person whose visa has been cancelled may have access to a review or revocation process, depending on the circumstances.

• Visa cancellation and removal from Australia are not necessarily the same process.

• Australian citizens cannot have their right to remain in Australia cancelled through ordinary visa cancellation procedures.

• Decisions involving non-citizens may also involve Australia's international legal obligations, family circumstances and individual rights.

Possible Improvements

• Review the consistency and timeliness of visa cancellation decisions.

• Examine how serious criminal conduct is considered when determining whether a person may remain in Australia.

• Assess whether existing review procedures appropriately balance community safety and legal rights.

Simple Example: A non-citizen convicted of a serious offence may have their visa cancelled under Australian law. However, cancellation does not necessarily mean immediate removal from Australia. Legal reviews and other obligations may affect what happens next.

Future Consideration: What are the potential consequences of changing Australia's visa cancellation and deportation laws, including effects on community safety, legal rights and international obligations?