This article explores the punishment of non-citizens through the visa cancellation regime (‘removal regime’) in Australia – specifically the Migration Act 1958 (Cth) s 501(3A) – and considers how convicted non-citizens are being further punished by the intersection of criminal law and migration law (often referred to as ‘crimmigration’). With shifts in the political landscape, migration law has become increasingly intertwined with criminal law matters, leading to a change in how non-citizen offenders are being sentenced. This shift has seen mixed decision making in criminal courts across jurisdictions, illustrating discord between federal law (migration law) and state/territory laws (criminal law). The article analyses recent case law across state/territory jurisdictions and reveals significant inconsistency in considering potential visa consequences in sentencing of non-citizens.
L. L. Jones (Wed,) studied this question.