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What Is The Intersection Of Immigration And Criminal Law?

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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 and immigration law. Unfortunately, matters that come before the criminal justice system can have immigration consequences depending on the relevant surrounding circumstances.

If you are in need of assistance in either of these areas, whether charged with a crime or if you are an immigrant, you should contact Jameson Law so a team of expert lawyers can assist you.

Immigration Law

Immigration law is an important area of law that governs under what circumstances immigrants are able to enter and stay within Australian Borders. It is an involved and complicated process which is subject to a customs enforcement process and stipulated by the federal government.

Any person who wishes to enter Australia is subject to a screening process to assess what type of character the individual has and whether they would pose a concern to the wider Australian community. One of the screening tools involved is a check of whether the individual has any prior criminal record or conviction.

Migration Law often requires court proceedings for decisions to be made which are typically known as removal proceedings. It is imperative that anyone who is threatened with deportation seeks legal advice quickly to obtain legal representation. Migration law often works on a quicker time frame than other courts meaning you need to seek advice immediately.


Australia has a large number of immigrant communities with a mixture of both non-citizens and individuals who have become an Australian citizen. There are increasing issues with the level of employment opportunity that exists as well as the rising level of poverty and homelessness as Australia tries to accommodate its growing population.

There are record numbers of immigrants seeking asylum within Australia. Deportation from some other countries is high and the high rates of crime and war in many third-world countries has caused a mass plea for safe haven.

Immigration and Criminal Law

If an Australian immigrant commits a crime whilst within the country then their immigration status may be in jeopardy and they could be at risk of deportation. The Australian government can reassess any immigrant application and deportation can result if any individual is convicted of an offence.

Criminal law is a serious area of law and breaches of the criminal code are not taken lightly. For example, if an individual has been convicted of an aggravated felony then that individual would pose a risk to the community. The government have a hard and fast rule when it comes to criminal offending of immigrants as their main objective is to protect Australian citizens from harm. Therefore the immigration consequences of such behavior are significant.

Crimes Committed

If an individual has committed criminal offences or holds a criminal conviction then they may not be eligible for a visa in the first place. Each applicant’s situation is assessed individually and exceptions can be made depending on the situation. An applicant for instance, who has committed driving offences may be still accepted whereas an applicant who had been convicted of assault may not.

Applicants need to also be assessed for their character and ability to aid in the Australian society and community. To that end an applicant who is trained as a specialist engineer and ability to practice for example may have a stronger application than an applicant with limited working skills.

There are various different federal and state systems that are set up to flag criminal offending by non-citizens so that the Department of Homeland Security is notified. It is classed as a lack of respect for the ability to join to Australian society if any non-citizen individual commits a crime within Australian borders.

Immigrants, Crimes, Convictions and Laws

Unfortunately, criminal conduct and criminal convictions will jeopardize whether an individual is permitted to remain in Australia. It is important that when seeking advice you seek advice from a criminal and immigration lawyer who has experience with similar clients. Criminal law is entirely different to immigration law so it is highly likely you will require two experts, or a firm who has expertise in both areas, like Jameson Law.

Jameson Law have a team of willing and able Criminal Law and Immigration expert lawyers to assist you no matter what the need. Contact them immediately to become a new client and get the help that you need.


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