Am I Barred from Returning to Australia? Special Return Criteria 5001/ 5002/ 5010
Schedule 5 of the Migration Regulations 1994 outlines specific conditions individuals must meet to return to Australia after certain immigration issues, such as deportation or visa cancellation. Understanding these criteria is essential for anyone looking to re-enter Australia under these circumstances.
Criterion 5001: Restrictions Based on Previous Deportation and Visa Cancellations
Criterion 5001 prevents certain individuals from returning to Australia, specifically:
Individuals Deported under Specific Orders:
Those deported under a deportation order (section 200 of the Migration Act).
Individuals deported under sections 55, 56, or 57 between 19 December 1989 and 1 September 1994.
Those deported under sections 12, 13, or 14 before 19 December 1989.
Individuals with Visa Cancellations Due to Character Grounds:
Those whose visas were cancelled under section 501 before 1 June 1999 for criminal conduct.
Individuals whose visas were cancelled under sections 501, 501A, or 501B, unless the cancellation has been revoked or a permanent visa granted by the Minister.
Individuals whose visas were cancelled under section 501BA unless a permanent visa has been granted post-cancellation.
What Does This Mean for You under Criterion 5001?
If you fall into any of these categories, you may be barred from returning to Australia. Exceptions may apply if your visa cancellation is revoked or the Minister grants you a permanent visa.
Criterion 5002: Conditions for Those Removed from Australia
Criterion 5002 applies to individuals removed under sections 198, 199, or 205 of the Migration Act.
Specific Conditions for Criterion 5002:
12-Month Waiting Period: You must wait more than 12 months after your removal before applying for a visa.
Minister’s Discretion: The Minister can allow a visa application within 12 months under compelling circumstances affecting Australia’s interests or compassionate circumstances involving an Australian citizen or resident.
What Does This Mean for You?
If removed from Australia, you generally need to wait 1 year to reapply. However, you may apply sooner if you can demonstrate compelling or compassionate circumstances.
Criterion 5010: Special Conditions for Foreign Affairs Student Visa Holders
This criterion targets individuals who hold or have held Foreign Affairs student visas or received support from foreign governments. There are specific conditions for current Foreign Affairs Student Visa Holders, which they must meet one of the subclauses (3), (4), or (5):
Subclause (3): The course was designed to be completed in less than 12 months.
Subclause (4): The applicant has ceased the course and spent at least 2 years outside Australia since then.
Subclause (5): The applicant has support from the Foreign Minister or the foreign government, or there are compelling circumstances justifying a waiver.
What Does This Mean for You?
If you are or were a Foreign student visa holder, you must meet specific conditions to reapply for a visa. This may involve course completion, time spent outside Australia, or obtaining relevant support.
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How Can Agape Henry Crux Help
For anyone seeking to return to Australia following a deportation, visa cancellation, or as a former Foreign Affairs student visa holder. Consider contacting our Accredited Specialist Immigration Lawyer(s) and our team of immigration lawyers and migration agents at Agape Henry Crux. We specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or email us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.