British Expats
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British Expats (https://britishexpats.com/forum/)
-   The Barbie (https://britishexpats.com/forum/barbie-92/)
-   -   Deport him or not? (https://britishexpats.com/forum/barbie-92/deport-him-not-776884/)

Zen10 Nov 7th 2012 11:10 am
Re: Deport him or not?
 
Originally Posted by Dorothy (Post 10371664)
Yes, he could be deported if he had Australian citizenship. He could be stripped of his citizenship and deported.
They don't revoke citizenship just like that.

verystormy Nov 7th 2012 12:03 pm
Re: Deport him or not?
 
Originally Posted by WestLondonWelshman (Post 10371633)
I'm not a human rights lawyer so I don't know exactly, but I'm sure deporting someone from a country they have spent their entire life in, away from friends, family, belongings etc to a country to which they have little or no remaining connection would violate several.

I remember the exact same threat levelled at a Croation born guy a few years back, who had live in Australia since he was 3 months old. The HR lawyers got on the case and that was the end of that. He might be a scumbag, but he still has rights...
There were no human rights laws applied to the case. Legally, the government had the law on their side. He was given permission to come back to Australia based entirely on public pressure because of the situation in Serbia at the time.

The same situation does not apply to the UK.

As a trained lawyer, I can not think of any legislation that would prevent him being deported.

There have been much more sad cases involving deportation from Oz. There was a member here who a couple of years ago found themselves having to leave. He and his family had been in Oz for about 15 years on 457 visas but had never applied for pr. One day he lost hisnjob, couldn't get another and had to leave.

Pollyana Nov 7th 2012 12:14 pm
Re: Deport him or not?
 
Originally Posted by Zen10 (Post 10371697)
They don't revoke citizenship just like that.
Not usually, but if they really want to they can.

renth Nov 7th 2012 12:19 pm
Re: Deport him or not?
 
Originally Posted by Bernieboy (Post 10370408)
Maybe he'll be on BE soon asking questions;)
Hahaha, like "I've got a bit of previous, will that affect my citizenship application?"

renth Nov 7th 2012 12:27 pm
Re: Deport him or not?
 
Originally Posted by verystormy (Post 10371742)
There have been much more sad cases involving deportation from Oz.
Don't know about sad but it seems like every year there is an outraged story in the Daily Fail about Australia exporting its paedos... Like these:

"Vile paedophile deported from Australia because of his crimes 'tries to lure young girls to live in his house'"

http://www.dailymail.co.uk/news/arti...ive-house.html

"British rapist Leslie Cunliffe deported from Australia"

http://www.guardian.co.uk/uk/2012/ma...rted-australia

I think it's great BTW, good riddance to scum...

Amazulu Nov 7th 2012 12:30 pm
Re: Deport him or not?
 
Originally Posted by WestLondonWelshman (Post 10371633)
I'm not a human rights lawyer so I don't know exactly, but I'm sure deporting someone from a country they have spent their entire life in, away from friends, family, belongings etc to a country to which they have little or no remaining connection would violate several.

I remember the exact same threat levelled at a Croation born guy a few years back, who had live in Australia since he was 3 months old. The HR lawyers got on the case and that was the end of that. He might be a scumbag, but he still has rights...
Australia deports these assholes all the time - this case is no different. As Australia is a sovereign nation, it's courts have the final say, unlike the UK where the courts do not have this right anymore - the EU does.

Zen10 Nov 7th 2012 12:35 pm
Re: Deport him or not?
 
Originally Posted by Pollyana (Post 10371757)
Not usually, but if they really want to they can.
There is provision in the constitution to revoke citizenship, but it is extremely rare and very hard to do. The decision is made at cabinet level and is usually assessed on whether the person is a threat to the national security of Australia. It has to be this rare or citizenship would have little value and few would take it in the first place. Also, anyone really intent on staying could renounce their original citizenship first and then their adopted one cannot be revoked under any circumstances.

Mr Grumpy Nov 7th 2012 12:53 pm
Re: Deport him or not?
 
Originally Posted by Zen10 (Post 10371786)
There is provision in the constitution to revoke citizenship, but it is extremely rare and very hard to do. The decision is made at cabinet level and is usually assessed on whether the person is a threat to the national security of Australia. It has to be this rare or citizenship would have little value and few would take it in the first place. Also, anyone really intent on staying could renounce their original citizenship first and then their adopted one cannot be revoked under any circumstances.
Kenneth Trotter had his citizenship stripped for being a paedophile, so it can and does happen.

moneypenny20 Nov 7th 2012 12:54 pm
Re: Deport him or not?
 
If the UK can legally deport Hanza, I'm damn sure Australia can deport non citizens regardless of how long they've been here.

Zen10 Nov 7th 2012 1:02 pm
Re: Deport him or not?
 
Originally Posted by Mr Grumpy (Post 10371809)
Kenneth Trotter had his citizenship stripped for being a paedophile, so it can and does happen.
As I say, it has to go to cabinet level and is personally assessed by the minister. I would be interested to know when this psycho got his citizenship relative to the crimes he committed because the constitution has provision for revocation if the crimes were committed before the citizenship but not after and I'm presuming his crimes are not a threat to national security. Also, if he had wished to stay in Australia all he had to do was renounce his UK citizenship. He chose not to do this despite knowing he would be thrown out. Either way it is a good decision for Australia in my opinion.

commonwealth Nov 7th 2012 1:44 pm
Re: Deport him or not?
 
they could revoke citizenship if there was fraud prior to citizenship grant. i think if crime is commited after grant of citizenhip it will not be a cause for revoking.

Amazulu Nov 7th 2012 1:51 pm
Re: Deport him or not?
 
Originally Posted by commonwealth (Post 10371882)
they could revoke citizenship if there was fraud prior to citizenship grant. i think if crime is commited after grant of citizenhip it will not be a cause for revoking.
I think you are right. My understanding is that it can only be revoked if you lied to get citizenship or committed crimes that you did not declare.

JAJ Nov 7th 2012 1:53 pm
Re: Deport him or not?
 
Originally Posted by Dorothy (Post 10371664)
Yes, he could be deported if he had Australian citizenship. He could be stripped of his citizenship and deported.
I don't know where this myth comes from, but it's not true. In general, Australian citizenship cannot be revoked on criminal grounds.

The main exception concerns a person convicted of a serious offence committed before the person became an Australian citizen. In addition, section 34(3)(b) of the Citizenship Act provides that a person cannot have Australian citizenship revoked on this basis if that person would then become stateless.

There are other exceptions based on convictions for citizenship/immigration fraud.

BadgeIsBack Nov 7th 2012 2:14 pm
Re: Deport him or not?
 
Originally Posted by JAJ (Post 10371894)
I don't know where this myth comes from, but it's not true. In general, Australian citizenship cannot be revoked on criminal grounds.

The main exception concerns a person convicted of a serious offence committed before the person became an Australian citizen. In addition, section 34(3)(b) of the Citizenship Act provides that a person cannot have Australian citizenship revoked on this basis if that person would then become stateless.

There are other exceptions based on convictions for citizenship/immigration fraud.
I was going to pose the issue of statelessness....you beat me to it.

furbacchione Nov 7th 2012 2:44 pm
Re: Deport him or not?
 
Originally Posted by BadgeIsBack (Post 10371917)
I was going to pose the issue of statelessness....you beat me to it.

They need to put in a clause about brainlessness also.


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