Under S501 of the Migration Act, being imprisoned for a criminal offence can constitute grounds for visa cancellation, even for people who have spent most of their lives in Australia. ‘Non-citizens’ who have had their visas cancelled in this way are liable to detention on completion of their prison sentence; form a distinct cohort within the immigration detainee population; and are routinely deported. Developing themes outlined initially at the Critical Criminology conference hosted by Monash University in Melbourne in July 2009, this paper examines the punitive implications of S501 including: its impact on risk assessment and the parole process; the institutionalisation of double punishment; and the multiple mechanisms of disempowerment operating through the detention regime. While this remains work in progress, the paper argues that criminal convictions do not justify detention and removal, and suggests a framework for future research, as part of a wider project to examine the administrative transformation of lawful into unlawful subjects.
Criminal Law | Criminal Procedure
Date of this Version
Michael Grewcock, "Conviction, detention and removal: the multiple punishment of offenders under section 501 Migration Act" (December 2009). University of New South Wales Faculty of Law Research Series 2009. Working Paper 50.