Federal government recently made a decision to deport Indian citizen Jagdeep Singh who was convicted of sexual assault in Melbourne.
Why is someone deported and what happens after a decision to deport has made?
Migration consultant Dhiresh Kohli says deportation is a very complex process. "No one is deported overnight. There are certain rules and regulations that are followed."
Mr Kohli explains section 200 in Migration Act.
Kohli says, “Under sub-sections 201, 202 and 203 of section 200 of Migration act, Government of Australia can deport a person if he or she is living in Australia for less than 10 years and is found guilty of a crime and has received punishment of 12 months or more. If AGO reports that certain person is threat to nation's security then immigration minister has the powers to deport him or her. Same applies in the case of treason too.”
First step towards deportation is cancellation of visa. That is the prerogative of case officer in the Department of Immigration. He might decide that certain person is not fit to stay in Australia and his or her visa should be cancelled.
Kohli says that DIBP’s decision can be challenged before the Administrative Appeals Tribunal. “But, if minister of immigration decides that the person should be deported then it cannot be challenged,” says Kohli.
Kohli suggests that deportation means that one cannot visit again in life. This is virtually a life time ban.
And, it affects other foreign travels too.