If you are facing removal or deportation from Australia, this means you are likely to be sent to your home country for any of a number of reasons. You need to hire an immigration lawyer (such as Holloway Jenkins Lawyers) for a chance to remain in the country. However, before you hire a lawyer, the following are some of the elements of removal and deportation you need to be aware about.
Who can be Removed?
You face removal if you are an unlawful non citizen. This means you do not have Australian citizenship and have entered or intend to enter Australia for temporary or permanent residence. You can also be removed if your temporary visa has expired or if you have breached the conditions of your visa.
Who can be Deported?
Permanent residents are deported in case they are accused of criminal activity.
Difference between Deportation and Removal
Deportation refers to expelling a person(s) from a country. When referring to the expulsion of unlawful non citizens, the term removal is used but when in reference to the expulsion of permanent residents, the term deportation is used.
Procedure Involved in Deportation or Removal
You will be interviewed before removal. An interview is also conducted before the signing of a deportation order. The interviews in both of these cases might take place while you are serving imprisonment. The interviewing officer will inquire about the dates of entry into Australia, your other relationships in Australia such as your family or spouse.
An officer has the power to arrest you if they know or suspect that you are an unlawful non citizen. If you are a permanent resident accused of committing a crime and subject to a deportation order, you may be arrested without the need of a warrant.
Unlawful Non Citizens: There may be no court proceedings. You will be detained in the immigration detention until you are removed or granted a visa. During the time of your detention, you can have your immigration lawyer arrange for your visa application.
Permanent Residents: If you are a permanent resident with a deportation order, you will be informed why you are being detained and the detaining officer will give you the details of the order.
If you make a claim within 48 hours that you are not the one addressed in the deportation order, you will be arraigned before a judge. At this point your lawyer can help you fight the deportation. If the judge or any prescribed authority finds reasonable grounds for your deportation, you will be held in detention until the set date of deportation.