I just want to ask if my husband will be diported he git…

Good Evening

I cannot give you a yes or no answer to your question.

Because he has received a 2 year sentence this falls into the category where the Department will look at his crime and whether he is may not meet the character test.

The test is as follows

To pass the character test, you need to prove that:

• You do not have any substantial criminal record; or
• You have never been convicted of fleeing from immigration detention or convicted for an infraction that you committed:
  • while you were detained in immigration detention;
  • during a breakout from immigration detention; or
  • after a breakout, but before you were taken into immigration detention again; or
• You have never been a member of a group or organisation, or have ever associated with a person(s), group or organisation(s) which is reasonably suspected of being involved in criminal conduct; or
• You have never been nor are currently reasonably suspected by the Minister as being involved in people trafficking, a crime against humanity, mass extermination, a war crime, a crime involving slavery or torture, or a crime that is of significant international interest. This includes whether you have been imprisoned for such an infraction or not; or
• Your criminal or general behaviour, past and present, shows that you are completely of good character; or
• While you are in Australia, there is no risk that you would:
  • be involved in criminal conduct;
  • harass, molest, intimidate or stalk another person;
  • slander a segment of the Australian community;
  • provoke discord in the Australian community or in a part of it;
  • be a danger to the community of Australia or a part of it; or
• You have never been convicted or proven guilty for one or more sexual offences involving a child; or
• You have never been subject to a negative security assessment by the Australian Security Intelligence Organisation (ASIO); or
• You have never been subject to an Interpol notice where you were suspected to be a direct or indirect danger to the Australian society, or any part of it.

What is a Substantial Criminal Record?

A substantial criminal record relies on the length of a sentence imposed by a court of law. It is irrelevant of the time actually spent in prison. You are considered to have a substantial criminal record if you have been:

• condemned to death or life imprisonment; or
• condemned to imprisonment of 12 months or more; or
• sentenced to two or more terms of imprisonment, totalling to 12 months or more (even if served together); or
• found by a court to not be qualified to plead regarding an offence committed which resulted in detention in an institution or facility.

https://www.gotocourt.com.au/immigration/character-test-visa/

If he is going to be deported he will be notified before his release.

He has the right to appeal the decision if he is notified he will be deported.

If he is a citizen it will make it harder to deport him.

But the criminal record is a problem.

The government is being strict with foreign nationals that are here on permanent visas and have been deporting them when they commit serious crimes as it is a requirement they continue to meet the character test while in Australia

Here is a recent article.

https://www.news.com.au/lifestyle/real-life/news-life/thousands-of-foreign-nationals-deported-from-australia-every-year/news-story/821010593f8910290894f0fe96eddecf

The offences of your husband are not violent and that is in his favour. But he is sentenced for 2 years and that fails the test.

But as I said initially, I cannot say yes or no. Each case is looked at on its own merits.

But he will be given warning and he can appeal the decision.

I hope this has answered and assisted your question.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

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I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon