2015-Feb 27: Suspended deportation liability and ability to sponsor and/or support family members

Visa Pak 200 - Information about suspended deportation liability and ability to sponsor and/or support family members for a residence class or temporary entry class visa.

Visa Paks

27 February 2015

Suspended deportation liability and ability to sponsor and/or support family members

Section 172 (2) of the Immigration Act (the Act) provides for the Minister (and Delegated Decision Makers (DDMs)) 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. Section 172 (3) of the Act states that if a person fails to comply with the conditions stated in the notice the Minister may reactivate the person’s liability.

There may be instances where a client with suspended deportation liability may wish to support or sponsor a family member for a residence class or temporary entry class visa. Over the last couple of years, the Resolutions Team, which supports the “deportation of residents” decision making for the Minister and DDMs, has received a number of queries from area offices on what should occur in processing these types of applications.

Immigration instructions do not provide for a decline of a temporary entry or residence class visa application solely on the basis that the family member sponsoring or supporting the applicant has deportation liability that has been suspended.

In the context of a temporary visa application, however, Immigration Officers can take the fact of the suspended liability, and the consequent potential that liability could be reactivated if there is a breach of suspension conditions, into account as a risk factor and/or when assessing bona fides. In general terms, decisions should be reached on the basis of immigration instructions and the particular circumstances of the case.

Residence applications, assuming the relevant instructions are met, can be approved. However, the Resolutions Team should be consulted during the decision making process.

Action

If a temporary visa application is supported or sponsored by a family member who has suspended deportation liability, Immigration Officers should take the fact of the suspended liability and the consequent potential that liability could be reactivated if there is a breach of suspension conditions into account as a risk factor and/or when assessing bona fides. Officers dealing with either temporary or residence applications should contact the Resolutions Team for advice and so the Team can track the number of these instances