New Zealander’s living in Australia Facing Visa Cancellations Based On Character Grounds

In the last year, there has been a large amount of media hype around New Zealand Citizens living in Australia for many years having their visas cancelled and being deported back to New Zealand.

Although it is not something the Department of Immigration & Border Protection can just do without any reasonable grounds, it can cause issues for some people who may find themselves in trouble with the law.

In a recent case, Fraser v Minister for Immigration and Border Protection (2015) FCAFC 48 (2 April 2015) a New Zealand Citizen living in Australia for many years was involved in a ‘road rage’ issue and subsequently had his visa cancelled on ‘character grounds’ by the Minister for Immigration & Border Protection.

The most important aspect of this case for New Zealand Citizens living in Australia (or any other nationality for that matter) is that a person that commits an offence involving serious violence or any other criminal matter that poses a risk to the people of Australia that results in a sentencing of a year or more, and who also has a history of violent offending poses a very high possibility of having their visa cancelled and having no option but to depart Australia.