A person can be placed in immigration detention if they are in Australia unlawfully because they do not hold a current visa.
If you have been detained and placed in immigration detention, you should seek legal advice from an immigration lawyer as soon as possible.
What is immigration detention?
Immigration detention refers to detention facilities run by the Australian government which are used to detain people who do not have current visas in Australia.
A person can be placed in immigration detention if they are in Australia unlawfully because they do not hold a current visa.
There are a number of immigration and refugee detention facilities in and outside of Australia.
What are the causes for immigration detention?
A person who does not hold a valid visa is an unlawful non-citizen and must be placed in immigration detention under the Migration Act. A person might be unlawful because:
- they arrived in Australia without a valid visa
- their visa was cancelled
- their visa has expired
You can be placed in immigration detention if you do not hold a current Australian visa or because your visa has been cancelled and there is a purpose of your detention.
The Australian government can only hold a person in detention if they are:
- Organising their removal from Australia
- Receiving, investigating and determining an application for a visa permitting the person to enter and remain in Australia, or
- Determining whether to permit a valid application for a visa
What can I do if I have been detained?
If you have been detained and placed in immigration detention, you should seek legal advice from an immigration lawyer as soon as possible.
You should have access to your mobile phone or a public phone at the detention facility.
