ABSTRACT

This chapter focuses on the evolution of Australia’s criminal deportation regime, in particular the powers to remove long-term residents. The introduction of the character test as a vehicle for cancelling the visas of non-citizens has considerably extended the capacity of the Australian government to remove people who have extensive social and community ties. While Australia’s regime has its unique features and operates within a specific historical context, the expanding use of the character test to trigger deportations is consistent with a trend displayed by comparable developed states towards the deportation of non-citizen offenders. Ultimately, deportation represents the use of migration controls to regulate deviance and enforce a particular vision of the national interest. The nexus between migration and criminal offending is no longer perceived in terms of ‘the stain’ but criminal offending remains a marker of character justifying permanent expulsion.