Returning to Australia after deportation, removal or a section 501 decision: the special return criteria

MARN 1576536 · Checked against the Migration Regulations 1994, Schedule 5, on 8 November 2026

Removal and deportation are different

The two words are often used interchangeably, but the law treats them differently. Removal is how the Department takes an unlawful non-citizen out of Australia, under sections 198, 199 or 205 of the Migration Act, for example after an overstay or a cancelled visa. Deportation is a separate process under section 200, based on a deportation order. A visa cancelled or refused on character grounds under section 501 is a third category. Which one happened decides which return rule applies, so the first step is to know exactly what the record says; a freedom of information request can confirm it.

Criterion 5002: after a removal

Special return criterion 5002 applies to a person removed under section 198, 199 or 205. It is met if the visa application is made more than 12 months after the removal, or if the Minister is satisfied that, in the particular case, compelling circumstances affecting the interests of Australia, or compassionate or compelling circumstances affecting the interests of an Australian citizen, permanent resident or eligible New Zealand citizen, justify granting the visa within 12 months. After 12 months the criterion itself no longer stands in the way, although the other rules below may still apply.

Criterion 5001: deportation and section 501 decisions

Special return criterion 5001 is met only if the applicant is not:

• a person who left Australia while subject to a deportation order under section 200 (or the equivalent earlier provisions);
• a person whose visa was cancelled on character grounds under section 501 as it stood before 1 June 1999;
• a person whose visa was cancelled under section 501, 501A or 501B, unless the cancellation was revoked or the Minister, acting personally, later granted them a permanent visa;
• a person who left Australia after a visa was refused under section 501, 501A or 501B, unless the refusal was revoked or the Minister, acting personally, later granted a permanent visa; or
• a person whose visa was cancelled under section 501BA, unless the Minister, acting personally, later granted a permanent visa.

Unlike 5002, the criterion has no time limit and no discretion written into it. For a visa that includes it, the realistic routes are a revocation of the original decision where that is still available, or a personal decision by the Minister. The section 501 guide covers revocation.

Other rules that may apply

• Exclusion periods. Leaving after an overstay, on certain bridging visas, or after some cancellations can trigger a three-year exclusion under public interest criteria 4013 and 4014, with their own exceptions and waivers. The exclusion periods guide explains them.
• Debts. The costs of detention and removal can become a debt to the Commonwealth, and many visas require it to be repaid or an arrangement made first. The PIC 4004 guide covers this.
• The character test. Even where no special return criterion applies, the history behind a removal or cancellation is part of the character and genuine visitor assessment for a new visa.

Declaring your history

Visa applications ask directly about previous removals, deportations, cancellations and refusals, in Australia and elsewhere, and the Department keeps its own records of them. Every answer must be complete and truthful. A false or misleading answer can lead to refusal under public interest criterion 4020, which is a separate and often more serious problem than the history itself. The declarations guide covers how the questions are worded.

Working out your position

Each visa sets out which special return criteria and public interest criteria apply to it, so the same history can bar one visa and not another. The questions to answer are what exactly happened and when, which visa you now need, whether any debt is outstanding, and whether any time limit has passed. Only then is it clear whether an application can succeed and when it should be made.

Check your history before you apply

A consultation works out which of the return criteria, exclusion periods and debt rules apply to your history, and which visas, if any, are open and when.

Book a consultation — A$330 inc. GST, credited

In other currencies: A$330 is about US$225, €205 or £170; A$550 is about US$380, €340 or £285 (approximate, November 2026).

General information only, current at 8 November 2026; not advice on your own case. Migration Regulations 1994, Schedule 5 (special return criteria 5001 and 5002); Migration Act 1958 ss 198, 199, 200, 205, 501, 501A, 501B, 501BA. Every declaration must be complete and truthful. Outcomes depend on the Department’s and the Minister’s decisions; no registered migration agent can guarantee a result (Code of Conduct, Migration Agents Regulations). Keshab Chapagain, MARN 1576536.