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If you want to check your ban status for Australia, you may be referring to a re-entry ban to the country. A re-entry ban is imposed by the country's immigration department. If you have committed an offence, or the police believe you are going to commit one, you can be banned from a high-risk area or disqualified from being a self-managed super fund trustee.
| Characteristics | Values |
|---|---|
| Reasons for being barred from entering Australia | Visa cancellation, unlawful non-citizen status, holding a Bridging visa C, D, or E, and more |
| Length of exclusion period | One year to lifetime ban |
| Criteria for exclusion | Special Return Criteria (SRC) 5001, 5002, 5010 |
| Waivers | Available in certain cases, allowing for visa application |
| Registers | ORIC maintains a register of disqualified officers; The Australian Taxation Office (ATO) maintains a Disqualified trustees register |
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What You'll Learn
Exclusion periods and how they apply to you
Exclusion periods are a part of Australian immigration law that bars certain individuals from entering the country. These periods are put in place to identify applicants who may pose a risk to Australia due to previous breaches of immigration law. They are also used to hinder the entry of individuals who have been deported or removed from Australia for criminal conduct or character grounds.
If you have been deported from Australia, you will face a permanent exclusion period, which means you cannot successfully apply for another Australian visa. Similarly, if your visa was cancelled based on character grounds (criminal conduct) under s501 of the Act, you will also face a permanent exclusion period.
For those who have had their visas cancelled or who have departed Australia as unlawful non-citizens or with certain classes of bridging visas, there may be an exclusion period of up to three years. This includes individuals who fall under the Public Interest Criterion (PIC) 4013 and PIC 4014. If you are applying for a visa within three years of your previous visa being cancelled or your departure from Australia, you will not be granted a new visa unless there are compelling circumstances that affect Australia's interests or compassionate circumstances involving Australian citizens or permanent residents.
It is important to note that not all visas have exclusion criteria. For example, PIC 4013 and PIC 4014 do not apply to certain visas, such as the Subclass 309 (Partner (Provisional) visa). Additionally, there are cases where individuals can re-apply for an Australian visa even after an exclusion period, such as those with a partner who is an Australian permanent resident or citizen.
If you are unsure about your exclusion status or are seeking to re-apply for a visa after an exclusion period, it is recommended to seek advice from an immigration expert or a legal professional who understands the complexities of the process. They can provide guidance tailored to your specific circumstances and help navigate any exceptions or special criteria that may apply in your case.
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Visa cancellations
If your visa has been refused or cancelled, the Department of Home Affairs (DHA) will notify you in writing. You will receive a Notice of Intention to Consider (NOIC) cancellation. This notice will give you the opportunity to explain why your visa should not be cancelled. If the Department accepts your response, your visa will not be cancelled. However, if they do not accept your response or you do not respond, your visa will be cancelled. You will be sent a formal Notice of Cancellation by post, email, or in person.
Upon receiving a Notice of Cancellation, you will be given a certain number of days to depart Australia. If you do not leave within the specified time frame, you may be placed in immigration detention. It is important to note that the cancellation of your visa may also result in the cancellation of any other visas you hold, including bridging visas and the visas of family members.
If your visa is cancelled, you can appeal to the Administrative Appeals Tribunal (AAT) and then the Federal Circuit Court. However, it may be difficult to obtain certain visas or re-enter Australia, especially if your visa was cancelled on character grounds. In such cases, you may only be eligible for a Protection visa.
If your student visa is cancelled, you will have 28 calendar days to leave Australia, obtain a new Confirmation of Enrolment (CoE), or apply for a new visa. Overstaying without a valid CoE is unlawful and may result in detention, deportation, or a three-year ban on returning to Australia. Always contact the DHA directly or check their Visa Entitlement Verification Online website to confirm your visa status.
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Unlawful non-citizenship
An 'unlawful non-citizen' in Australia is someone who is in the country but does not hold a visa that is in effect. A 'lawful non-citizen', on the other hand, is someone in Australia who holds a visa that is valid. Anyone in Australia who is not an Australian citizen and does not meet the definition of being a 'lawful non-citizen' is considered 'unlawful'.
There are several ways a non-citizen in Australia can become unlawful. One of the most common ways is when a visa holder 'overstays' their visa. Most Australian temporary visas grant permission to remain in the country until a specified date. If the visa holder has not left Australia by that date, they are considered to have overstayed. Another way a non-citizen can become unlawful is when their visa is cancelled. Additionally, anyone who arrives in Australia without holding or being granted a visa is also considered an 'unlawful non-citizen'.
If an 'unlawful non-citizen' is identified by the Department of Home Affairs, they are subject to mandatory detention. However, they do not necessarily need to be detained in an Immigration Detention Centre (IDC). The Department has the discretionary power to determine that an 'unlawful non-citizen' can reside at a specified place instead of being detained in an IDC.
Unlawful non-citizens in Australia have no work or study rights and no access to Medicare, social security, or other welfare benefits. They are, however, subject to Australian law while in the country and can be fined or imprisoned for offences. They are also protected by the law in the same way as Australian citizens or permanent residents. For example, if they are injured in a car accident, they can claim compensation, but they may not be able to stay in Australia to pursue their claim.
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Visa types C, D, or E
If you are seeking information about your ban status for Australia, you can check your visa conditions online through the Visa Entitlement Verification Online system (VEVO). This system allows visa holders, employers, education providers, and other organizations to verify visa conditions.
A re-entry ban, also known as an exclusion period, means a person may not be permitted to re-enter Australia for up to three years, or even permanently in some cases. This typically occurs when an individual significantly breaches their visa conditions, such as providing false documents or information, working in breach of visa conditions, or failing to maintain appropriate enrollment as a student.
If you held a Bridging Visa C, D, or E that was granted more than 28 days after your substantive visa expired (such as a student or tourist visa), you may be subject to a three-year re-entry ban. However, it is important to note that maintaining a valid visa while in Australia can help prevent a re-entry ban from being imposed.
If you find yourself in a situation where you have a re-entry ban and wish to apply for a temporary visa, you may request to have the ban put aside for that specific application. This involves writing to the department and explaining your circumstances, with a focus on providing evidence of compassionate or compelling circumstances that affect the interests of an Australian citizen, permanent resident, or eligible New Zealand citizen. The department must be satisfied that there are strong reasons to justify granting the visa before the end of the re-entry ban. Even if the ban is put aside, you will still need to meet all other visa criteria, including health and character requirements.
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Special Return Criteria (SRC) 5001, 5002, 5010
Special Return Criteria (SRC) 5001, 5002, and 5010 refer to specific conditions that may prevent individuals from returning to Australia or result in exclusion periods before they can reapply for a visa. Here are the details of each criterion:
SRC 5001:
SRC 5001 pertains to individuals who have had their visas cancelled and are subject to a permanent exclusion from Australia. This criterion specifically targets those deported under specific sections of the Migration Act, including:
- Section 200 (deportation order)
- Sections 55, 56, or 57 between 19 December 1989 and 1 September 1994
- Sections 12, 13, or 14 before 19 December 1989
- Section 501 before 1 June 1999 for criminal conduct
- Sections 501, 501A, or 501B unless the cancellation has been revoked or a permanent visa is granted by the Minister
- Section 501BA unless a permanent visa has been granted post-cancellation.
Individuals who fall under SRC 5001 face a permanent ban from returning to Australia and cannot be granted another visa unless the Minister personally grants an exception.
SRC 5002:
SRC 5002 applies to individuals who have been removed from Australia under sections 198, 199, or 205 of the Migration Act. It imposes a 12-month re-entry ban, during which individuals must wait before applying for a new visa. However, the Minister has the discretion to allow a visa application within 12 months under compelling or compassionate circumstances involving Australia's interests or its citizens/residents.
SRC 5010:
SRC 5010 typically involves a two-year exclusion period. It applies to individuals who hold or have held Foreign Affairs student visas and received financial support from a foreign government. The Department may waive certain requirements under SRC 5010, such as the need for support from the Foreign Minister or the foreign government that provided financial support, if there are compelling or compassionate circumstances affecting Australia's interests or its citizens/residents.
It is important to note that these criteria are part of Australia's immigration policies and are subject to change. If you believe you may be subject to any of these Special Return Criteria, it is advisable to seek legal advice or consult with the relevant Australian government department to understand your specific situation and options.
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Frequently asked questions
You can check your ban status to Australia by contacting the Australian Department of Immigration and Border Protection.
A re-entry ban, also known as an exclusion period, means a person may not be permitted to return to Australia for up to three years.
A re-entry ban may be imposed if a person significantly breaches their visa conditions. This includes providing false documents or false information to the Department of Immigration and Border Protection, working in breach of visa conditions, not maintaining appropriate enrollment as a student, or being found not to be a genuine student or tourist.
Yes, you can appeal a re-entry ban by seeking assistance from immigration services providers like BMS Global, who can liaise with the Department of Immigration and Border Protection on your behalf and provide advice on your migration options.
