VIC Immigration Law - Where will They Deport Foreign Criminals?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Künzli Anna

Active Member
12 February 2017
5
0
31
Hello, as I am writing from Switzerland in Europe. I found this platform on the internet to ask about your immigration law on deportation after criminal offenses. It is about my husband whom I have not seen for nearly two years now (the last time was at the end of March 2015), but I am still married to him.

He does not have not a Swiss citizenship, but we are nearly 5 years married. He has a New Zealand citizenship /NZ-passport since April 2014 (by descent) & he is also Fijian, since he was born in Fiji. Recently he has become a criminal in Australia and because of his crimes and he is now in custody there for bad things (violence).

My question is: where will Australia deport him to? To New Zealand, to Fiji or to Switzerland (Because his last official address was here in Switzerland together with me, the wife, before he went first to NZ in June 2014 and then Australia in July 2014 & the probation for violence over here in Switzerland has ended & therefore he can travel easily back into the country on his NZ- passport, as long no criminal offenses are registered in the international databank!).

Therefore I do worry a bit now, that Australia might deport him back here soon on grounds of marriage...can they do that? Or what is usual the practice with cases like this?

Where will they send him? (For example when NZ or Fiji refuses to take him back... can they then send him back here because I am still legally married or how does that work according to your laws regarding criminal offenses done by a foreign citizen?).

Thank you very much, if you might be able to answer my question.

Kind regards,
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
If he were to be deported he would be deported to the country in which he has citizenship in.
 

Künzli Anna

Active Member
12 February 2017
5
0
31
Thank you for your answer. Does Australia register crimes done by foreign citizen in your country into the international criminal database? (So that Swiss authorities at the border could see his convictions when he would try to travel from NZ back into Switzerland? As someone might buy his flight from NZ to here).

Without any registered offenses, the fact is that he is allowed to travel back into the country on a NZ passport (already checked this with the police here). This is why I ask, if it is common that crimes are registered into an international database or not?
 

Iamthelaw

Well-Known Member
13 September 2016
412
86
794
No, as far as I know it's not common for them to be registered internationally.

To the best of my knowledge, there is no single, international agreement which requires all countries in the world to share conviction/criminal record information although such sharing is permitted under the INTERPOL exchange protocol. I imagine it would only surface is he was facing a significant charge of some sort and the warrant was listed on the INTERPOL exchange.
 

Künzli Anna

Active Member
12 February 2017
5
0
31
No, as far as I know it's not common for them to be registered internationally.

To the best of my knowledge there is no single, international agreement which requires all countries in the world to share conviction/criminal record information although such sharing is permitted under the INTERPOL exchange protocol. I imagine it would only surface is he was facing a significant charge of some sort and the warrant was listed on the INTERPOL exchange.


Could I ask for the information about the conviction/criminal record of his doings in your country (as being still the wife & for my own safety interests etc.)? So, that I could have proof in case I might need it in future?Or do they only hand out this information upon official request of a country (not to a person, no matter if one is legally tied to this person)?

Where can I put an official request for information? I have already tried to find out some things about what is happening, but I got the answer back that nobody is allowed to provide any information about him. So, I do not even know what he has done exactly and have no knowledge what is the situation with the case (or how much time in prison etc.).

Will Australia count the offense he has done over here in Switzerland? (As a repetition of behaviour or does Australia only look at what he was doing in your country? - or will they ask for the files of his case here?).