How to Reopen Your Deportation Case After a Final Order in Australia

To receive a deportation order in Australia is an excruciatingly stressful one especially when the ultimate ruling has been arrived at. Nevertheless, in particular situations, deportation case may be reopened after a final order was issued. In this article, the remedies as well as requirements on who is eligible and the process of applying to have a leakage of a deportation reviewed or reopened in Australia are discussed.

Final Deportation Orders Final deportation orders are issued when the commission does not receive a decision after conducting a retrial. When a decision is not received within a specified period following a retrial, the final deportation orders are given.

A final deportation order is normally made once all the applicable appeals or review of a visa cancellation or refusal are put through and where a person is determined to be present unlawfully in Australia. Deportation can be ground on character under section 501 of the Migration Act 1958 or other infractions including visa overstaying or passing on incorrect or wrong information.

After a final order has been entered, the remedies to appeal or reopen the case are narrow - not shut off completely.

Reopening of Deportation Cases Can You Reopen a Deportation Case?

Yes, this is possible that a deportation case can be reopened under one or two circumstances. Under the Australian immigration law there is no automatic appeal after a final order is given. Nevertheless, the remedies that could be provided within the realm of law include the following:

So, let us take a closer look at them.

1. Ministerial Intervention

Ministerial Intervention is one of the most widespread methods of contesting a deportation having a final order.

What does Ministerial Intervention refer to?

The Minister can use his discretionary power as per section 351, 417 and 501J of the Migration Act to intervene in a case provided it is in the best interest of the society so to do. This is to mean that the Minister is empowered to grant a visa that can be given due to compelling or compassionate circumstances even after other tribunal or court has dismissed your appeal.

When Is It Appropriate?

Ministerial intervention may be suitable when:

• New, substantial information has come to light.
• You or your dependents will face undue hardship if deported.
• There are significant health, family, or community links in Australia.
• It's important to note that this is not a formal appeal process—the Minister is not obligated to consider every request.

2. Judicial Review

If there are grounds to believe that the decision-making process was flawed, an affected individual may seek a Judicial Review with the assistance of Immigration Lawyer Perth in the Federal Circuit and Family Court, Federal Court, or even the High Court.

Grounds for Judicial Review:

• Jurisdictional error (e.g., decision-maker exceeded their power)
• Denial of procedural fairness
• Improper interpretation of the law
• Keep in mind, a Judicial Review does not re-assess your visa application—it only evaluates whether the law was applied correctly during the process.

3. Reinstating a Review or Appeal

In limited cases, individuals may be able to reopen or reinstate a lapsed appeal or tribunal review. For example, if an appeal was dismissed due to absence or failure to respond, you may apply for reinstatement if you can demonstrate:

• A valid excuse (e.g., medical emergency)
• That the delay was not intentional
• That reopening the case is in the interest of justice
• These requests must be made promptly and supported by evidence.

4. Applying for a New Visa (From Outside Australia)

In some cases, individuals who have been deported can apply for a new visa from overseas. However, they may be subject to exclusion periods—often 3 to 10 years—depending on the grounds for deportation.

It is possible to request a waiver of the exclusion period in certain compassionate circumstances, particularly if:

• You have close family in Australia.
• Your removal caused significant disruption.
• There are compelling humanitarian grounds.