Immigration Amendment Act 2015

42 Section 158 amended (Deportation liability of residence class visa holder if visa or citizenship obtained or held by fraud, forgery, etc)

(1)

In the heading to section 158, replace if visa or citizenship obtained or held by with due to.

(2)

Replace section 158(1) with:

(1)

A residence class visa holder is liable for deportation if—

(a)

the person is convicted of an offence where it is established that—

(i)

any of the information provided in relation to the person’s application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or

(ii)

any of the information provided in relation to the person’s, or any other person’s, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed; or

(b)

the Minister determines that—

(i)

any of the information provided in relation to the person’s application, or purported application, for a residence class visa or entry permission was fraudulent, forged, false, or misleading, or any relevant information was concealed; or

(ii)

any of the information provided in relation to the person’s, or any other person’s, application, or purported application, for a visa on the basis of which the residence class visa was granted was fraudulent, forged, false, or misleading, or any relevant information was concealed.

(1A)

Subsection (1) applies—

(a)

whether or not the person holding the residence class visa is the person who—

(i)

provided the information that is established or determined to be fraudulent, forged, false, or misleading; or

(ii)

concealed the relevant information that is established or determined to have been concealed; and

(b)

whether the visa was granted before or after this subsection came into force.