There are many different areas of law which intersect with one another. The basic principles of law are the same across the board. Two such areas of law, which when they intersect can cause difficult outcomes, is criminal law and immigration law. Unfortunately, matters that come before the criminal justice system can have immigration consequences depending on the relevant surrounding circumstances.
If you need assistance in either of these areas, whether charged with a crime or if you are an immigrant, you should contact Jameson Law so our team of expert lawyers can assist you.
Immigration Law
Immigration law governs who may enter and stay within Australia. It is an involved process administered by the federal government through the Department of Home Affairs.
Any person who wishes to enter Australia is subject to screening, including a check of prior criminal records and character. See Home Affairs’ character test requirements and the Migration Act 1958 (Cth) s 501.
Migration decisions may be reviewed. Time limits are strict, so obtain advice quickly. Learn about AAT review via AAT online applications and read our guide to visa refusal and cancellation appeals. You can also review the Court’s migration practice direction at the Federal Circuit and Family Court.
Immigrants
Australia has a large number of immigrant communities, including non-citizens and new citizens. For independent public information and support, see Legal Aid NSW – Visas and immigration and their factsheets on temporary visas and family violence provisions.
Immigration and Criminal Law
If an Australian immigrant commits a crime in Australia, their immigration status may be in jeopardy and they could face visa cancellation on character grounds. The government can reassess applications and visas after conviction. Read our overview of criminal law essentials and how defences in NSW work.
For the legal test and policy settings, see Ministerial Direction 99 and the character framework in Home Affairs guidance on ss 501 and 116. For urgent criminal advice, speak with our Sydney criminal lawyers or review bail applications and preparing for court.
Crimes Committed
If an individual has committed criminal offences or holds a criminal conviction, they may not be eligible for a visa. Each case is assessed on its facts, and exceptions can apply. For example, a person with minor traffic offences may still be eligible, whereas violence or serious dishonesty may raise cancellation risks under the Migration Act s 501. If your visa was cancelled in custody, see Legal Aid NSW’s guide In prison and had your visa cancelled.
Applicants are also assessed for character and contribution to the community. Read our pages on permanent residency pathways, skilled visas and student visas, and check VEVO for your current visa conditions.
There are federal and state systems that flag offending by non-citizens to immigration authorities, administered by the Department of Home Affairs. If you receive an adverse decision, you may have review rights in the AAT/ART online portal and limited appeal pathways in the Federal Circuit and Family Court.
Immigrants, Crimes, Convictions and Laws
Criminal conduct and criminal convictions can jeopardise an individual’s permission to remain in Australia. It is important to seek advice from both criminal defence lawyers and immigration lawyers with experience in character cancellations and court proceedings. Start with our guides to NSW criminal court procedures, bail and visa appeals.
Jameson Law have a team of willing and able criminal law and immigration expert lawyers to assist you no matter what the need. Contact Jameson Law or call (02) 8806 0866 to get the help that you need.
