'This will keep happening': Warning over established migrant deportations

An immigration law expert says he has seen a rising number of cases of people being stripped of their visas since changes to the Migration Act were made.

Sydney

File image of international travellers at Sydney International Airport, Sydney, Friday, Aug. 12, 2016. Source: AAP

A Sydney-based immigration legal advocacy group says they are seeing "consistent" numbers of people being affected by section 501 of the Migration Act - with more likely.

The Immigration Advice and Rights Centre's (IARC) principle solicitor, Ali Mojtahedi, says he receives two calls a day from people worried about their future, particularly those originally from New Zealand and the UK.

"Before the changes to the Act, it was one call a month," he said.

Changes to section 501 of the Migration Act mean that a person's visa can be cancelled if they have been sentenced to at least 12 months in prison, and fail a so-called "character test".

The Department of Immigration said the changes mean it can "more effectively and efficiently prevent and reduce risks to the Australian community."

More than 1000 foreign nationals had their visas revoked in 2016 under the Act.
One such example is the case of a Brisbane grandmother,

Maryanne Caric, who has never left Australia since arriving at the age of two, is set to be deported to what is now Croatia.

A convicted drug offender, she does not speak Croatian and says she has no connections or support there.

The Department said it had issued two previous warnings to Ms Caric in 2007 and 2010 "as to the potential immigration consequences if she continued to offend."

"Ms Caric’s visa was cancelled while she was in prison, on the basis of her previous substantial criminal history."

Currently being held at Sydney's Villawood Detention Centre, Ms Caric said she believed she was an Australian, never bothering to apply for citizenship.

Mr Mojtahedi said he thinks people neglecting to get citizenship is a big reason behind the rise in the number of cases.

"I think it's unfortunate," he said.

"People go on about their lives without thinking about it."

Unfortunately for Ms Caric, he thinks her chances don't look good, with the Federal Court the only avenue left.

He said even then all they may do find is a "legal error", and order the minister to make the decision again - without changing the verdict.

"I'm not surprised (by cases like Ms Caric's) because I know the law," Mr Mojtahedi said.

"This will keep happening, and it will get worse."

According to the Department of Immigration, "2,358 non-citizens have had their visas cancelled under section 501 of the Act" since the changes were made in mid-December of 2014.
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3 min read
Published 16 March 2017 5:46pm
Updated 16 March 2017 7:09pm
By Andrea Nierhoff


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