Last updated 23 January 2017
Schedules 4 and 5 of the Migration Regulations 1994 (Cth) (Migration Regulations) set out the various periods for which people deported or removed from Australia are banned from returning. These periods range from permanent bans (e.g. for permanent residents convicted of crimes and either deported under s 200 of the Migration Act 1958 (Cth) (Migration Act) or removed after cancellation of their permanent residence on the basis of specific paragraphs of ss 501, 501A or 501B of the Migration Act) to 12 months (e.g. for a spouse removed on the basis of their spouse’s conduct).
Non-permanent bans can be waived for the purpose of entry for one specific visa if the minister is satisfied that in the particular case there are compassionate or compelling circumstances justifying such a waiver (schs 4, 5 Migration Regulations). No exclusion periods will apply to those entering as Refugee or Humanitarian visa holders, or holders of a Carer Partner, Orphan Relative, Child or Adoption visa.