Omari Gates
Australia has experienced record-high levels of immigration in recent years, with net migration close to one million between 2022 and 2024. This has caused discontent among Australians, with tens of thousands of people participating in the ''March for Australia' rallies to protest against immigration. The primary concerns relate to the volume of arrivals, stagnant wages, and increasingly unaffordable homes. Australia's response to illegal immigration has been controversial, with the country operating several immigration detention facilities and offshore processing centres. In 2023, the High Court of Australia ruled against the indefinite detention of people on immigration grounds, but the government has since introduced further legislation that critics claim demonises and punishes immigrants. Australia's immigration policies and public sentiment towards immigrants remain a highly debated topic.
| Characteristics | Values |
|---|---|
| Definition of illegal immigration | Defined by the Migration Act 1958, which distinguishes between "lawful non-citizens" (valid visa holders) and "unlawful non-citizens" (without a valid visa). |
| Administration | Department of Home Affairs (previously the Department of Immigration and Border Protection, and before that the Department of Immigration and Citizenship) |
| Majority of illegal immigrants | Visa overstayers, who enter legally but remain after visa expiry or revocation |
| Number of visa overstayers | DIAC estimated around 53,900 as of 30 June 2010, or 0.2% of the population |
| Total number of illegal immigrants | Over 100,000 as of 2021, up from 60,000 in 2018 |
| Detention facilities | Australia operates both onshore and offshore immigration detention facilities, with 10 detention centres on the mainland and 3 offshore centres |
| Offshore detention centres | Nauru, Christmas Island, and Manus Island |
| Detention policy | Mandatory detention introduced in 1992 by the Keating government in response to a wave of boat arrivals |
| Humanitarian intake | Australia operates a humanitarian intake of around 13,770 migrants per year as a signatory to the UN Convention relating to the Status of Refugees |
| Indefinite detention | Ruled illegal by the High Court of Australia in 2023, overturning a precedent set in 2004 |
| Community detention | Some individuals are placed in the community under supervision, deemed to pose no risk |
| Public sentiment | Growing discontent with mass immigration, with concerns about stagnant wages, housing affordability, and loss of the "Great Australian Dream" |
| Political response | Prime Minister Anthony Albanese accused protesters of 'sowing division', focusing on condemning far-right elements |
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What You'll Learn
Mandatory detention for illegal immigrants
In Australia, the Migration Act 1958 defines illegal immigration, distinguishing between "lawful non-citizens" (those with valid visas) and "unlawful non-citizens" (those without valid visas). Australian law mandates the detention of all non-citizens without valid visas. This includes both unauthorised arrivals and those who entered with a visa but overstayed or had it cancelled.
Mandatory detention was introduced in 1992 by the Keating government to distinguish between those who underwent offshore entry processes and those who did not. It was also a response to a wave of boat arrivals from Indochina. The policy requires the mandatory detention of asylum seekers while they undergo security and health checks to determine if they have a valid reason for staying.
This policy has been controversial, with the UN Human Rights Committee finding Australia guilty of illegal detention, lack of judicial remedy, and inhumane treatment in 2013. The average time spent in detention has increased over the years, with people in onshore immigration detention centres for an average of 445 days as of December 2015. The detention of children has been a particular concern, with the UN Committee on the Rights of the Child raising it as one of its "Principal Subjects of Concern".
While mandatory detention was initially limited to 273 days, the law was changed to permit indefinite detention. This interpretation was recently overturned in 2023, with the High Court concluding that the practice was unlawful and unconstitutional.
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Visa overstayers
In Australia, the Migration Act 1958 defines "unlawful non-citizens" as those without a valid visa, distinguishing them from "lawful non-citizens," who hold valid visas. According to the Australian Bureau of Statistics, most people in Australia illegally are visa overstayers, who enter the country legally but remain after their visas expire or are revoked.
The Migration Act 1958 and the Migration Regulations 1994 outline the laws regarding visa overstaying. When individuals apply for an Australian visa, they agree to comply with its conditions, including leaving the country before the visa expires. If they remain, they become unlawful non-citizens and may be detained and deported, with the Australian government recovering associated costs from them.
It is important for visa overstayers to promptly consult a lawyer or Migration Agent to understand their options. Overstaying a visa can significantly impact future visits to Australia. If an individual overstays their visa by more than 28 days, any subsequent Australian visa application will be subject to an exclusion period. This means they cannot obtain a visa to travel to or stay in Australia for at least three years, even if they left the country voluntarily. After this period, they can only obtain another visa by repaying any debts to the Commonwealth Government, including detention and removal costs.
However, visa overstayers may have other options. They can apply for a bridging visa while their immigration matter is being resolved. Additionally, if their visa has been expired for less than 28 days, they may be able to apply to remain in Australia due to their relationship with an Australian citizen or permanent resident, provided they meet other criteria. If a visa holder has purchased a ticket to another country, they should not go to the airport and attempt to leave, as they may be arrested and sent to a detention centre. Instead, they should apply for a Bridging Visa E, which will likely be granted until their flight date.
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Public discontent with immigration
Australia has long shown high levels of support for immigration, particularly to fill job shortages and prop up its gross domestic product. However, in recent years, there has been a rise in public discontent with immigration, culminating in the March for Australia rallies in August 2025. These rallies, held in major cities like Sydney and Melbourne, saw thousands of Australians protesting against what they perceived as uncontrolled mass immigration.
The primary grievance expressed by protesters was the sheer volume of arrivals in a short time, with net migration close to one million between 2022 and 2024, a significant influx for a country of 27 million. This rapid increase in immigration has contributed to stagnant wages, soaring housing prices, and a sense of erosion of the "Great Australian Dream," where any working Australian could afford their own home.
The protests also singled out the Indian expat community, blaming them for immigrating en masse since 2020 and contributing to rising rents. This sentiment was fueled by misinformation and a rise in anti-immigration sentiment, with claims that migrants suppress wages, steal local jobs, and inflate house prices. The rallies were organized by far-right and neo-Nazi groups, spreading messages of remigration and white supremacist conspiracy theories.
The Australian government condemned the rallies, stating that there is ""no place for any type of hate in Australia." Ministers focused on denouncing the far-right elements present, while also acknowledging the underlying concerns of Australians about the pace and impact of immigration on their communities.
Overall, the public discontent with immigration in Australia is driven by a combination of economic, social, and cultural factors, as well as a fear of losing national identity and control over immigration policies.
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Indefinite detention ruled illegal
In Australia, illegal immigration is defined by the Migration Act 1958, which categorises non-citizens as either "lawful" (valid visa holders) or "unlawful". The country operates several immigration detention facilities, including three offshore centres and ten detention centres on the mainland.
In November 2023, the High Court of Australia ruled that the country's system of indefinite immigration detention was unlawful and incompatible with the Constitution. This landmark decision overturned the 2004 Al-Kateb ruling, which had allowed for indefinite detention even when deportation was not foreseeable. The 2023 ruling, in the case of NZYQ, stated that it was unlawful to hold a person in immigration detention indefinitely, and that any punishment for past conduct must be determined by a court.
The Australian Human Rights Commission welcomed the decision, highlighting the negative impacts of indefinite detention on the lives of vulnerable individuals and their families, including separation, mental and physical health issues, and deprivation of liberty and hope. The ruling is expected to lead to the release of up to 92 people who had been detained for prolonged periods, often with no end in sight.
Despite this ruling, indefinite detention continues for some individuals who cannot be forcibly deported. In one case, a man known as ASF17 has been detained since 2013 as he cannot be deported to Iran, where he fears harm due to his sexual orientation. He has not consented to returning, and the Iranian government refuses to accept forced returns. The Human Rights Law Centre has intervened in such cases, arguing that a lack of cooperation from individuals facing deportation does not justify indefinite detention.
The United Nations' Human Rights Committee has also become involved, requesting the Australian government not to deport a man to Nauru until the potential human rights implications have been investigated.
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Asylum seekers
Australia's asylum policies have been a highly debated topic, with the country facing an increase in asylum seekers over the years. Australia is relatively isolated, making it harder for refugees to reach its shores, but also stoking a sense of fear and threat among its citizens.
The first recorded instance of asylum seekers arriving in Australia via unauthorised boats was in April 1976, with Vietnamese refugees fleeing the Communist Party victory of 1975. This sparked controversy, with concerns over family reunions, employment, and security. In response, the government of Malcolm Fraser authorised the immigration of over 50,000 Vietnamese refugees from Indian Ocean camps, enjoying bipartisan support for an "open-door" immigration policy.
In the early 1990s, a different approach was taken when asylum seekers from Cambodia began to arrive. The Keating government instituted a mandatory detention policy, detaining all arrivals without visas in holding facilities while conducting security and health checks, and assessing asylum claims. This policy aimed to deter refugees, and it remains the foundation of Australia's current detention policies.
In 2001, John Howard's election victory was widely credited to his hardline stance on asylum seekers, exemplified by the MV Tampa incident, where he refused entry to a Norwegian vessel that had rescued asylum seekers at Australia's request. This led to the offshore processing' policy, where asylum seekers were detained in remote locations, denied access to Australian lawyers, and excluded from protection under Australian law. This approach was criticised by human rights groups and refugees, who raised concerns about potential abuses and the violation of core human rights principles.
In 2012, asylum seekers arriving at excised offshore places like Christmas Island became eligible to have their claims processed under the Migration Act if the Minister allowed them to submit a valid visa application. However, indefinite mandatory detention remains in place, with asylum seekers facing prolonged periods of detention while awaiting assessment of their claims.
The Australian government has also implemented the principle of no advantage, aiming to ensure that asylum seekers do not benefit from arriving in Australia by boat. This policy has faced criticism from the Australian Human Rights Commission, which warns of potential human rights breaches, including the prohibition on arbitrary detention and the right to claim asylum.
Despite the controversies, Australia continues to receive asylum seekers and refugees, offering humanitarian visas and support services. In 2023, Australia granted 20,000 refugee and humanitarian visas, and provided payments and services for newly arrived asylum seekers.
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Frequently asked questions
Australia has relied on immigration to fill job shortages and prop up its gross domestic product. However, this has led to stagnant wages and increasingly unaffordable homes for citizens. As a result, there is growing discontent with mass immigration in Australia, with tens of thousands of people protesting against it in major cities.
In 2018, it was reported that more than 60,000 foreigners were living in Australia illegally, and by 2021, this number had increased to over 100,000. The majority of people in Australia illegally are visa overstayers, who enter the country legally but remain after their visa expires or is revoked.
Australia operates several immigration detention facilities and offshore processing centres. Until recently, Australia had a policy of indefinite detention for those without a visa, but this was ruled illegal by the High Court of Australia in 2023.
Australia's strict immigration policies have been criticised for violating human rights and basic principles of justice. There have been concerns raised about the demonisation and punishment of immigrants, as well as the use of offshore detention centres. Additionally, there is a perception that the Australian government has lost control over immigration, with record-high levels of legal and illegal immigration in recent years.
