Much as we talk about moving abroad, it is important to note that relocation dreams can be cut short by deportation. To remain in a country, you need to learn their laws and live by them.
For Nigerians moving to, or already living in Australia, here are a few factors that could lead to deportation:
- Aggravated felonies
Australia’s immigration law deems certain acts aggravated felonies—categorized among the most serious crimes in immigration even though they may not be very serious in criminal law. An “aggravated felony” is not the same as aggravated assault. Immigration law has its own definition. For example, possession with intent to distribute cocaine (or any other drug) is an aggravated felony even if you did not serve any jail time for it. Aggravated felonies include, murder, drug trafficking, money laundering involving over $10,000, trafficking firearms or explosive, engaging in prostitution or any form of slavery, obstruction of justice in any form, and so many others.
- Drug conviction
Immigration can start a deportation case against you for any drug conviction unless the conviction is for simple possession for your own use of 30 grams, or less of marijuana. You can also be removed for being a drug abuser or addict even if you do not have a conviction. For certain drug crimes, you may still have a defense to deportation.
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- Crime of moral turpitude
You can be deported for one crime of moral turpitude committed within 5 years of admission into Australia if you could have received a sentence of one year or longer. Your actual sentence or your time served does not matter. You can also be removed for two crimes of moral turpitude committed at any time unless they were in a “single scheme of criminal misconduct.”
Australia’s immigration law does not define crimes of moral turpitude, but the courts have: theft, murder, voluntary manslaughter, and crimes involving vileness, such as rape or certain other sexual crimes. Driving Under the Influence and Simple Assault are usually not crimes of moral turpitude. If Immigration is trying to remove you for a crime of moral turpitude, tell the judge you did not know whether it was a crime of moral turpitude, and ask for time to find a lawyer. You may have a defense to deportation.
- Firearms conviction
You can be deported for a firearms conviction, such as unlawful possession of a gun. You may have a defense to deportation. Forget what you watch in movies and what you have heard about firearm, you could get in trouble for possessing firearm unlawfully.
- Domestic violence
You can be deported for conviction of domestic violence, stalking, child abuse, child neglect or abandonment, or for violation of a protection order. You may have a defense. If your wife or girlfriend accuses you or reports you to the police for abuse, if found guilty, your chance of getting deported is high, especially if the crime was committed against a citizen.
- Visa overstay
You can be deported if you overstayed your visa, which is why it’s always advisable to go about immigration the right way. Leaving the country when you are supposed to will save you the stress of dealing with deportation, and in cases where you want to stay longer, follow due process.
- Marriage fraud
Marriage fraud can get you deported. A lot of immigrants embrace contract marriage to speed up the citizenship process. While some get away with it, this is quite risky because once you are caught you face deportation.
However, you cannot be deported if you have a criminal conviction on direct appeal since it is not final. But if you filed a habeas corpus petition, or a motion to vacate your criminal conviction, the conviction is final, and the government can deport you while you are awaiting decision on that case.
When a deportation order has been issued, you may be arrested without a warrant. If you are not the person named in the deportation order, you must say so within 48 hours. You will then be taken before a court for that question to be decided.
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If you are serving a term of imprisonment, details of your deportation will be finalized before your release from prison. You will usually be taken straight from prison to the airport and must leave immediately. Otherwise, you will be held in immigration detention prior to being taken to the airport as soon as is practicable. You will have to pay for the costs of your deportation.
Be careful out there.
