Section 201 — Deportation of non-citizens convicted of certain offences
Text of provision
who are convicted of crimes Where:
(a) a person who is a non-citizen has, either before or after the commencement of this section, been convicted in Australia of an offence;
(b) when the offence was committed the person was a non-citizen who:
(i) had been in Australia as a permanent resident: (A) for a period of less than 10 years; or (B) for periods that, when added together, total less than 10 years; or
(ii) was a citizen of New Zealand who had been in Australia as an exempt non-citizen or a special category visa holder: (A) for a period of less than 10 years as an exempt non-citizen or a special category visa holder; or (B) for periods that, when added together, total less than 10 years, as an exempt non-citizen or a special category visa holder or in any combination of those capacities; and
(c) the offence is an offence for which the person was sentenced to death or to imprisonment for life or for a period of not less than one year; section 200 applies to the person.
Plain English
Section 201 provides that a non-citizen may be deported if they have been convicted of a crime within 10 years of first entering Australia and sentenced to death or imprisonment. Non-citizens who have held permanent residence for at least 10 years are generally protected from deportation under this section (unless the crime involves sexual offences against a child or terrorism). The sentence threshold is imprisonment, not a minimum period of imprisonment.
Practical effect
Section 201 deportation applies primarily to non-citizens in the early years of their stay in Australia. Long-term permanent residents (10+ years) have a measure of protection, but not absolute immunity — certain serious crimes (terrorism, child sex offences) can still trigger deportation regardless of length of stay. Practitioners advising non-citizens facing criminal charges should always assess deportation risk alongside the criminal law advice, as even a suspended sentence of imprisonment can trigger deportation eligibility.