5 Common Deportation Myths Immigrants Should Ignore in Australia

betsy amanda

June 10, 2025

Table of Content

Many immigrants living in Australia consider the threat of deportation to be very upsetting. No matter if you’re a student, a skilled worker, a permanent resident, or receive a bridging visa, the fear of being deported can be very strong for many. Even so, a big part of the problem comes from false information.

Many people make serious errors or skip important chances to fix their cases due to false information about deportation, which we’ve witnessed at Immigration Visa Lawyer Perth. Although it is difficult to navigate, if you have the proper information, you can defend your rights and take actions in case of visa troubles or facing removal.

These are five popular and wrong myths related to deportation in Australia and the facts you should keep in mind.

Myth 1 – Many think that any small legal offence will result in deportation.

The law does not always require people to be removed after every legal opinion.

While being sent off the country and having your visa revoked is possible for major crimes, minor offences rarely fit the requirements for immigration law.

According to Section 501 of the Migration Act 1958, a person may have their visa cancelled because they have failed the Character Test. A criminal history defined as at least 12 months in prison, acting in organized crime, or being a danger to the Australian community are part of this.

Nevertheless, every case is addressed depending on its situation. Only a judge can decide that deportation is necessary and that decision is not guaranteed if you’ve made some mistakes. A lawyer can show the judge important information related to a person’s rehabilitation and involvement in their community.

Myth 2: Being deported occurs if your visa expires when you are still in the country

Being over the time limit for a visa is serious, but this does not always mean immediate deportation.

By overstaying your visa, you change to a person who is not allowed to stay and can be detained or expelled from the country. In fact, lots of people believe that dental removal happens immediately and cannot be evaded. Really, the time to act fast is important, since the Department of Home Affairs can help with your situation legally.

It is possible to be granted a Bridging Visa E (BVE) so you may continue lawfully living in the country as you plan to leave or manage your future stay here. For some cases, international organizations or governments may intervene, for example, depending on the situation.

If you do not deal with a visa that has expired, your chances of being arrested rise. It is best to find a lawyer and consider what you can do as early as possible.

Myth 3 – Some people think that once you get permanent residence, you cannot be deported.

Fact: Being a permanent resident is not equal to being a citizen, and this status may still be removed.

A lot of people wrongly think they cannot be deported after they get a permanent residency visa. Even so, this isn’t always true.

A person with permanent residency in Australia may have their visa revoked and be removed from the country for being unable to pass the Character Test or committing a deportable crime. This is true for individuals who live in Australia for many years, have families, or moved here as kids.

More people with permanent residency are now facing cancellation because of stricter enforcement in the immigration system. If you have a permanent visa, you must pay attention to what is required of you and reach out to a lawyer if you get charged by the police or may have your visa revoked.

Myth 4 – It is not possible to appeal deportation decisions.

In truth, the government must consider reviewing many decisions for deportation or cancellations.

A number of appeal and review processes are included in the Australian legal system. If your visa was cancelled or if you have a deportation order, you may lodge an appeal at the AAT. If you experience any legal errors, in some circumstances, you are allowed to apply for judicial review in the Federal Court.

In most cases, there is only 7 to 28 days to file an appeal after the decision is made. If you do not hand in your application by the deadline, there is a risk you will no longer be allowed to remain in the country.

If you hire an experienced immigration lawyer, they can look over your case, make sure your appeal is strong, and present your interests each step of the way.

Myth 5 – Many people believe they can handle things on their own and send their documents straight to Immigration for review without a lawyer.

In reality: Handling issues related to deportation or the cancellation of visas is very complex, and it is not safe to do alone.

Though you can send your letter to Home Affairs or prepare a letter of appeal yourself, chances are you’ll make mistakes that can cause your appeal to be rejected. Policies involving immigration are constantly changing, and they need expertise. Missing information or expressions that are not clear may affect your future.

Working with a licensed immigration lawyer or agent will help you succeed much more often. They are able to build your case, secure evidence, speak at the tribunal meeting, and suggest ways for you to live in Australia permanently.

Final Thoughts

Many people think wrongly about deportation even though it is a serious occurrence. If you believe these popular myths, you may end up being more anxious than necessary and losing out on helpful choices or legal actions. Don’t count on unreliable information in social media if you or a friend is going through immigration or deportation. Consult people trained in the field of law.

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