Code Black with Madison King Podcast

CB Bonus 06 : The IK and Australian government want to believe they can’t deport people. But they CAN!

Code Black with Madison King Season 1 Episode 6

Legal Powers Exist to DEPORT — Verified Australia 🇦🇺

• Under Section 501 of the Migration Act 1958, the Minister (or delegate) can refuse or cancel a visa if a person fails the character test, which includes: 

• A substantial criminal record (sentenced to 12 months or more) 

• Convictions involving children or serious international crimes 

• Association with criminal organisations 
• Risk of disruptive or violent behavior 
• National security threats or INTERPOL notices 

• Ministerial Direction 99 (effective 3 March 2023 under Section 499) guided how these decisions should be made—especially weighing community safety and the individual’s ties to Australia.     

• Since 21 June 2024, Direction 110 has replaced Direction 99, but the core remains: decision-makers still have the power to refuse or cancel visas based on character.   

United Kingdom 🇬🇧 

• Immigration Act 1971, Section 3(5)(a): the Secretary of State can deport any non-British national if their presence is “not conducive to the public good.” 

• Section 3(6): deportation may follow a court conviction for someone 17 or older. 

• UK Borders Act 2007 imposes mandatory deportation for foreign criminals sentenced to 12 months or more, unless exceptions apply.      

Short, Fact-Based SummaryAustralia: 

• Yes, the law (Migration Act 1958, Section 501 + Direction 99/110) empowers the government to deport non-citizens who fail the character test. 

• Despite this, robust community-safety powers go unused. Legal challenges, vague wording in Direction 99, and high appeal success rates (AAT reversing about half of cancellations) have hampered enforcement.    

UK: • Yes, under Immigration Act 1971 and UK Borders Act 2007, the Home Secretary must deport foreign nationals convicted of serious crimes or deemed not conducive to the public good. 

• Yet, in practice, human rights, family welfare (Section 55 duties), and treaty obligations can delay or block deportation decisions.    

The UK and Australia already have clear laws allowing deportation of non-citizens who fail character or “good conduct” standards—under the Migration Act 1958 (Section 501 + Direction 99/110) in Australia and the Immigration Act 1971 + UK Borders Act 2007 in Britain.Why they’re not using them: 

• Australia: 
Weak political will, vague guidelines (Direction 99), and high appeal rates—courts and tribunals often overturn decisions. 

• UK: 
Human rights laws, child welfare duties, and legal safeguards slow or block deportations—even when the law allows them.

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