Re-entry ban or exclusion period

In Australia, a re-entry ban or exclusion period refers to the period of time during which a person is not allowed to re-enter the country after their visa has been cancelled or they have breached visa conditions. This exclusion period can vary depending on the circumstances and the severity of the breach.

1. Cancellation of Visa: If a person's visa is cancelled due to a breach of visa conditions or other reasons, they may be subject to a re-entry ban, preventing them from returning to Australia for a certain period of time.
2. Length of Exclusion Period: The length of the exclusion period can vary depending on factors such as the seriousness of the breach, the type of visa held, and whether the person has a history of previous breaches or visa cancellations.
3. Automatic Exclusion Periods: In some cases, the Migration Act provides for automatic exclusion periods for certain types of visa cancellations. For example, a person whose visa is cancelled due to character grounds may be subject to an automatic exclusion period of three years or more.
4. Requesting Waiver or Reduction: In certain circumstances, a person may be able to request a waiver or reduction of the exclusion period. This typically involves demonstrating compelling or compassionate circumstances that justify allowing the person to re-enter Australia sooner than the prescribed exclusion period.
5. Impact on Future Visa Applications: A re-entry ban or exclusion period can have significant implications for a person's ability to obtain future visas to Australia. It may affect their eligibility for certain types of visas or require them to disclose the visa cancellation and exclusion period in future visa applications.

It's important for individuals who are subject to a re-entry ban or exclusion period to seek legal advice and understand their rights and options for potentially challenging the ban or seeking a waiver or reduction of the exclusion period. Additionally, individuals should ensure they comply with all visa conditions to avoid potential cancellation and exclusion in the future.