Immigration Detention Australia
Under the Migration Act 1958, anyone in Australia who does not hold a valid visa, is classified as an unlawful non-citizen.
If you are in Australia without a valid visa (such as an expired visa), you are at risk of being detained.
If you or someone you know has been detained, please call us for confidential and expert legal assistance on 1300 083 843 or Book a Consultation now.
What is immigration detention?
Immigration detention is managed by the Australian Border Force as part of Australia’s migration program.
Any unlawful non-citizens can be detained within a detention facility, risking deportation from Australia.
The Australia Government can detain an individual in a detention facility while they await their removal from Australia or receive a visa grant permitting them to remain in Australia.
How does immigration detention occur and who does it affect?
The Australian Border Force can detain individuals for several reasons, including:
- Arriving in Australia without a valid visa
- A visa has been cancelled
- A visa has expired
Immigration detention in Australia is enforced regardless of age or gender, including children.
Further information & assistance
If you, or someone you know, is currently being held in an immigration detention centre, or is in the process of being detained, we strongly urge you to seek advice from a qualified immigration lawyer as soon as possible, who can help you understand your rights and available options.
Please contact our office on 1300 083 843, schedule a consultation online or submit an online enquiry.
Australian Immigration Detention – Frequently Asked Questions (FAQ’s)
Immigration detention refers to the mandatory holding of non-citizens who are in Australia without a valid visa. This includes people who overstay their visas, have their visas cancelled, or arrive without a visa, such as asylum seekers arriving by boat. Detention is required under the Migration Act 1958 and applies to both adults and children.
There is no statutory time limit on immigration detention in Australia. People can be detained for months or even years depending on their immigration status. In 2023 a High Court ruling (NZYQ v Minister for Immigration) found that indefinite detention is unlawful where there is no real prospect of removal in the foreseeable future.
Detainees have the right to legal representation, access to healthcare (including mental health services), and the ability to communicate with family and legal advisors.
Australia operates both onshore and offshore detention facilities. Onshore centres include Villawood (NSW), Yongah Hill (WA), and Melbourne Immigration Transit Accommodation (VIC). Offshore processing centres have been located on Nauru and Manus Island (PNG), with the Nauru centre currently operational.
Yes, some detainees may be granted bridging visas or placed in community detention, allowing them to live in the community while their immigration status is resolved. These decisions are made on a case-by-case basis, considering factors such as health, family ties, and risk assessments.