2015-Aug 14: Suspended deportation liability: Inability to progress to PRV

Visa Pak 224 - Reminder to staff about suspended deportation liability and the inability to progress to PRV.

Visa Paks

14 August 2015

Suspended deportation liability:  Inability to progress to PRV

Section 172(2) of the Immigration Act (the Act) provides for the Minister or a Delegated Decision Maker to suspend a residence class visa holder’s liability for deportation, by written notice, for a period not exceeding five years and subject to the visa holder complying with any conditions stated in the notice.   The IPT can also suspend liability under 212 of the Act.

Immigration Resolutions has noticed a number of cases where area offices have granted permanent resident visas (PRVs) to resident visa (RV) holders who, at the time of the PRV application, had liability for deportation which was suspended, and this information being visible in an AMS information warning.

Section 174(1)(a) of the Act states that where a person’s liability for deportation has been suspended by the Minister (or a DDM), the person may not apply for a visa of a different class or type.   This means that a person holding an RV may not apply for a PRV, much less be granted one.  Further, this bar cannot be overcome even by use of absolute discretion, as section 174 includes no such provision.  (The same restriction applies where the IPT has suspended liability; see section 213 of the Act.)

Immigration Resolutions has been updating the AMS warnings on affected clients, including the above information and other important guidance.  Officers should ensure they read these warnings in full.

Please advise your teams that Immigration Officers should not be granting PRVs to those with suspended deportation liability.