Assistance for Criminal Lawyers Representing Migrants or Visitors to Australia
Unfortunately for migrants and visitors to Australia who face criminal charges, manoeuvring through the Australian legal system is a stressful process which can permanently damage your prospects of staying here or obtaining a future visa.
Putt Legal principal lawyer Jessica Edis is asked time and again by her peers in criminal law who are representing a migrant through the courts:
- Will my client’s criminal conviction cancel their visa?
- And if so, will my client be deported from Australia?
If your client has committed a criminal offence in Australia, and your client was a non-citizen at the time of the offence, the answer is yes he or she may face permanent removal from Australia. Deportation applies to both permanent residents and temporary visa holders.
Will my client be automatically deported if sentenced to twelve months’ imprisonment or more?
All non-citizens face mandatory cancellation of their visa if they are sentenced to a term of imprisonment of 12 months or more. But the cancelled visa can be reinstated via a process known as a Revocation Request.
The Department of Home Affairs will consider a range of factors when deciding whether to not to reinstate the visa. Among other factors, these include:
- The nature and seriousness of the offence;
- The circumstances of the crime;
- The sentencing magistrate or judge’s view of the offence;
- The type and length of a penalty imposed;
- Any evidence of rehabilitation;
- The likely risk of reoffending;
- The expectations of the Australian community;
- Family circumstances (in particular, the best interests of any minor children) and the strength of ties to Australia; and
- Australia’s international law obligations relating to refugees.
Putt Legal offers review, advice and referral services for Criminal Lawyers whose clients are at risk of their visa being cancelled – or who have had their visa cancelled already.
To speak with Jessica directly about a case, please email firstname.lastname@example.org or call (08) 9221 7682.
Talk to us if your client is facing criminal charges
WHY PUTT LEGAL?
Putt Legal are your specialists in Immigration Law. We can assist you in making your migration to Australia seamless.
The Australian visa process can be complex and confusing; our lawyers work with you to guide you through every step of the way.
We are highly qualified and experienced in immigration law matters and are committed to providing expert advice in every individual case.