Immigration Detention
Immigration detention is part of strong border control and supports the integrity of Australia’s migration program. While Australia welcomes migrants and visitors, individuals must arrive lawfully and abide by the conditions of their visa. Australian law requires foreign nationals coming to Australia to obtain a visa. Australia’s mandatory immigration detention framework is contained within the Migration Act 1958.
A person who does not hold a valid visa is an unlawful non-citizen and must be detained under the Migration Act 1958. Whether the person is placed in an immigration detention facility, or other arrangements are made, is determined using a risk-based approach. The safety of the Australian community is an important factor in this decision.
In Australia, immigration detention is administrative not punitive. It helps Department of Home Affairs (DOHA) manage our temporary entry and permanent migration programs.
Mandatory Detention
Under Australia’s mandatory immigration detention framework, Australian Border Force (ABF) officers must detain unlawful non-citizens. A person might be unlawful because:
- They arrived without a valid visa
- Their visa was cancelled
- Their visa has expired
ABF’s work in immigration detention facilities is guided by a suite of detention policies and procedures.
ABF is responsible for the management of good order, safety and security within immigration detention facilities, including the health and welfare of detainees.
Duration of Detention
Under Australian law, a person is held in immigration detention until they are granted a valid visa or leave the country, whichever comes first. This means that a person can be held in detention indefinitely, unless they are given a visa, they choose to leave the country, or Australia finds another country they can go to. The Minister also has the discretion to release a person into community detention, grant them a bridging visa, or grant any other kind of visa, where the Minister thinks that this is in the public interest.
