Aus Visa Possibilites After USA Deportation

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Aus Visa Possibilites After USA Deportation


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  #1 (permalink)  
Old 03-05-2015, 08:12 AM
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Aus Visa Possibilites After USA Deportation

Hi guys,

My friend is a 27 year old girl from El Salvador with a uni degree and no criminal record. At the start of 2014 she left to cross the US border illegally through Mexico. She was caught and spent around 7 months in a detention centre over there, this is a lot longer than usual I hear but I think she was trying for asylum. Anyway she is back in El Salvador now, and came across some study options here in Australia which she would like to pursue but has doubts about her visa application and rightly so having been deported from the USA already. She is sure she does not have an Interpol notice, and seems to think that her US deportation information does not leave the USA, although I find that hard to believe.

I had a quick research, came across the character requirements and found this section -

You will not pass the character test if:
you have been convicted of escaping from immigration detention, or convicted for an offence that you committed:

- while you were in immigration detention

- during an escape from immigration detention

- after an escape, but before you were taken into immigration detention again.


To be honest I assumed it would be a straight up NO with any kind of history of deportation or illegally entering a country, but that section surprised me a lot. Maybe there is hope for her.

I am just wondering how it would be viewed by immigration officials here, does she still have a chance or should she not bother?
Should she not mention the deportation?
Should she tell all about the deportation?
Will the information of her deportation from the USA be available to immigration officials here?
Has anyone had/heard of any similar experiences?

I'm not expecting all these questions to be answered, but thanks in advanced for any help you can offer.


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Old 03-05-2015, 06:08 PM
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Those criteria are directed at Australian immigration detention...meaning that if someone claiming asylum has caused trouble in one of our centres then regardless if they had a case for asylum they will not be granted it,

Your friends problem is that she has been recently deported from a country that shares its details with Australia. If she claimed asylum the Australian government will be notified when she applies for a visa to study here and red flags will appear as it will be clear she has no wish to study here.

Now if she was to apply for a perm visa that would be different but a study visa is temporary and the government cannot be sure, with her history, that she will return to El salvadore at the end of her degree. So the visa will be denied.

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Old 03-05-2015, 09:07 PM
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Quote:
Originally Posted by andyjames View Post
Hi guys,

My friend is a 27 year old girl from El Salvador with a uni degree and no criminal record. At the start of 2014 she left to cross the US border illegally through Mexico. She was caught and spent around 7 months in a detention centre over there, this is a lot longer than usual I hear but I think she was trying for asylum. Anyway she is back in El Salvador now, and came across some study options here in Australia which she would like to pursue but has doubts about her visa application and rightly so having been deported from the USA already. She is sure she does not have an Interpol notice, and seems to think that her US deportation information does not leave the USA, although I find that hard to believe.

I had a quick research, came across the character requirements and found this section -

You will not pass the character test if:
you have been convicted of escaping from immigration detention, or convicted for an offence that you committed:

- while you were in immigration detention

- during an escape from immigration detention

- after an escape, but before you were taken into immigration detention again.

To be honest I assumed it would be a straight up NO with any kind of history of deportation or illegally entering a country, but that section surprised me a lot. Maybe there is hope for her.

I am just wondering how it would be viewed by immigration officials here, does she still have a chance or should she not bother?
Should she not mention the deportation?
Should she tell all about the deportation?
Will the information of her deportation from the USA be available to immigration officials here?
Has anyone had/heard of any similar experiences?

I'm not expecting all these questions to be answered, but thanks in advanced for any help you can offer.
What type of visa would she be looking for?
Visitor, study , partner? That will have a bearing on the application.
Being deported from the USA does not necessarily mean she would be automatically be refused a visa to Australia.
The USA shares information with Australia, however i imagine that the list of those returned to Mexico would be so large as to be close to useless.
That being said, allways be honest with DIBP, disclose the deportation and explain the situation.

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Old 03-05-2015, 09:40 PM
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Firstly, she HAS to declare in any visa application about any immigration issues related to other countries, so trying to hide or lie about the deportation from the USA would be an incredibly bad idea.

Applying for a student visa means she would need to satisfy the Genuine Temporary Entrant requirements. Given she sought asylum in the past, I expect she would be facing an uphill battle with the GTE requirements. If she would like to still pursue a student visa, I'd suggest she speak with a migration agent for assistance.

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Old 03-06-2015, 07:06 AM
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I don't have any relevant information to share with you, I am just always curious about deportation questions as my husband was deported from the USA to Australia and that's how I ended up here. Unfortunately, she does have to disclose it and it is pretty easy to find on the US Immigration and Customs Enforcement website.


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