I'm in A Immigration Detention, Can I Still Get A Visa?
Immigration detention plays a crucial role in Australia's border control policies, which aim to uphold the integrity of its migration program. While Australia is open to migrants and visitors, it is vital that all individuals arrive lawfully and adhere to the conditions of their visas. If they don’t, they may be sent to immigration detention.
What is Unlawful Non-Citizens?
An individual who does not hold a valid visa is classified as an unlawful non-citizen.
What is the legal framework for immigration detention?
Under section 189 of the Migration Act 1958, an individual must be detained if classified as an unlawful citizen. Whether an individual is placed in an immigration detention facility or managed through alternative arrangements is based on a risk assessment, prioritizing the safety of the Australian community.
What authorities are managing immigration detention?
Oversees immigration and border policy
Manages Australia’s visa programme
Coordinates service provision within immigration detention facilities
Status resolution officers work specifically to resolve the immigration status of detainees. The Department also publishes statistics related to immigration detention and unauthorized maritime arrivals.
Australian Border Force (ABF)
It is responsible for good order, safety, and security within detention facilities, as well as the health and welfare of detainees. This is guided by established detention policies and procedures.
Operates under the Australian Border Force Act 2015 (Cth), exercising powers under the Migration Act 1958 (Cth) to detain unlawful non-citizens.
Service Providers
Various service providers are contracted to deliver specific services within detention facilities. Key providers include:
Serco: Provides garrison, facilities management, security, transport, escort, welfare, and engagement services.
International Health and Medical Services: Delivers health care comparable to community standards, including mental health services and specialist referrals.
What are the Detention Centres for?
Australia operates various immigration detention facilities, both onshore and offshore, as part of its mandatory detention policy. This policy is applied to individuals who enter or remain in Australia without a valid visa. Detention occurs while applications or appeals are processed or arrangements for removal are made.
What are the Immigration Detention Facilities?
Immigration Detention Centres (IDCs)
Management: Privately operated by Serco under contract with the Department of Home Affairs.
Purpose: Used for individuals who have overstayed their visas, breached visa conditions, or entered without a valid visa.
Location: Facilities are found on Christmas Island and in various mainland locations, including Maribyrnong, Perth, Villawood, Brisbane, Adelaide, Melbourne, and Yongah Hill.
Detainees: Primarily medium- to high-risk individuals, often single adult males.
Immigration Transit Accommodation (ITA)
Description: Hostel-style facilities for low-risk detainees nearing a resolution of their cases.
Location: Available in Melbourne, Adelaide, and Brisbane.
Features: Provides recreational activities and programs, but detainees may be held for extended periods, sometimes up to three years.
Alternative Places of Detention (APODs)
Definition: This term is used for detainees assessed as minimal risk. It can include hospitals, hotels, aged care facilities, or mental health facilities.
Purpose: Intended for individuals needing medical care, education for minors, or community accommodation through interdepartmental arrangements.
Current Use: As of March 2023, APODs were in use across New South Wales, South Australia, Queensland, Western Australia, and Victoria, with many detainees in Queensland.
How does Offshore Detention work?
Australia has historically detained unlawful maritime arrivals in offshore facilities, notably on Manus Island and Nauru. This policy aimed to deter asylum seekers from reaching Australia by boat. However, if you did come by boat, you may have been eligible for a Resolution of Status (Permanent) visa (Subclass 851).
My Visa Got Cancelled Once I’m in a Detention Centre, can I apply for a visa?
The simple answer is yes. However, it may not be an easy ride. Your visa will be cancelled once you are being detained. You can speak to an Accredited Specialist in Immigration Law who specialises in complex matters such as this with tailored advice and creative strategy solutions. Agape Henry Crux have 2 Accredited Specialists and we highly suggest that you speak with them if you are in a similar situation.
How Can Agape Henry Crux Help You?
Are you at risk of being detained and seeking professional advice? Contact us at Agape Henry Crux for professional legal assistance. You can book a Migration Planning Session with one of our immigration lawyers or Accredited Specialist in Immigration Law to seek professional advice by calling 02-8310-5230 or email us to book in a time at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese, and Malay. If these aren’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.