Damon Mcknight
Australia has a strict immigration policy, with the Migration Act 1958 defining illegal immigration as the presence of unlawful non-citizens without valid visas. This includes visa overstayers, who make up the majority of illegal immigrants, and those arriving by boat or other means without authorisation. While seeking asylum is not a criminal offence, the term illegal is often applied to those entering without documentation. Australia operates detention facilities and offshore processing centres, and those deemed unlawful non-citizens may be detained and deported. The country's approach to unauthorised arrivals has been a contentious political issue, with mandatory detention policies in place to deter dangerous journeys and illegal entry.
| 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 |
| Majority of illegal immigrants | Visa overstayers, especially from the UK, US, and Ireland |
| Number of visa overstayers | 15,800 out of 4.5 million temporary entrants from 1 July 2009 to 30 June 2010 |
| Total number of visa overstayers as of 30 June 2010 | 53,900, or 0.2% of the Australian population |
| Total number of foreigners living illegally | More than 60,000 in 2018, increasing to over 100,000 in 2021 |
| Detention facilities | Australia operates immigration detention facilities and offshore processing centres. There are three offshore centres and ten detention centres on the mainland, including Nauru, Christmas Island, and Manus Island. |
| Detention policy | Mandatory detention policy introduced in 1992 by the Keating government |
| Humanitarian intake | Australia has a humanitarian intake of around 13,770 migrants per year |
| Classification of irregular arrivals | Illegal Maritime Arrivals (IMAs) and non-IMAs (non-maritime arrivals without a visa) |
| Government terminology | The government refers to unauthorized entrants as "unauthorized boat arrivals" or "irregular maritime arrivals," and they are considered "unlawful non-citizens" under the Migration Act |
| Rights of unauthorized boat arrivals | Entitled to seek asylum; if they have a valid case, they are classified as "asylum seekers" and allowed to stay in Australia until their claim is finalized |
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What You'll Learn
Visa overstayers
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). According to the Australian Bureau of Statistics, most people in Australia illegally are visa overstayers, who entered legally but remained after their visas expired or were revoked.
Additionally, visa overstayers who have accrued debts to the Australian government, such as detention and removal costs, must repay these debts before becoming eligible for another visa, even after an exclusion period of three years.
It is worth noting that the term "illegal" when applied to visa overstayers or asylum seekers is controversial. While entering Australia without valid immigration documents is not a criminal offence, it can have legal and immigration-related consequences.
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Detention centres
Australia has a mandatory detention policy for asylum seekers, who are held in detention centres while they "undergo an assessment process, including security and health checking, to establish if they have a legitimate reason for staying in Australia". The length of immigrant detention has increased over the past decade, and as of May 2020, the average period of time for people held in detention facilities was 553 days. In some cases, people have been held for over 10 years.
The Migration Act 1958, amended in 2001, reinforced the practice of mandatory detention, providing for the indefinite detention of asylum seekers. The amendment designated Christmas Island, Ashmore and Cartier Islands, and the Cocos (Keeling) Islands as 'excised offshore places', allowing for the transfer of persons intercepted at sea or landing on these islands to processing centres on Nauru or Manus Island in Papua New Guinea.
The conditions in these detention centres have been a subject of concern for human rights groups. In 2013, the United Nations Human Rights Committee found Australia guilty of 138 counts of illegal detention, lack of adequate medical treatment, and inhumane and degrading treatment. The Yongah Hill Immigration Detention Centre was specifically mentioned in this ruling.
The treatment of unaccompanied minors in detention centres has also been a concern. The Refugee and Immigration Legal Centre has stated that there are no reasons why the release of children from detention cannot be facilitated. The Australian government has recognised that it is in the best interests of these children to be released from detention quickly, but only after a refugee claim has been refused at the primary stage, which can take many months.
In 2020, a bill was proposed to limit the detention of asylum seekers to 90 days and prohibit the detention of children.
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Mandatory detention
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). The Department of Home Affairs administers immigration to Australia.
The policy is controversial and has been criticised by several organisations, including the UN Human Rights Committee, which found Australia guilty of illegal detention, lack of judicial remedy, and inhumane or degrading treatment. There is no time limit on detention under the Migration Act 1958, and court review is limited. This has resulted in children being detained for months or years, often in remote areas of Australia. The UN Committee on the Rights of the Child has raised concerns about this, and the High Court of Australia concluded in 2023 that the practice was unlawful and unconstitutional.
The Australian government has made some adjustments to the system, such as exploring regional options for asylum seeker processing and reverting to using Nauru and Manus Island as detention centres in 2012. However, the Supreme Court of Papua New Guinea ruled in 2016 that the detention of asylum seekers on Manus Island was illegal, and the centre was ordered to close.
It is important to note that while there is a focus on unauthorised boat arrivals, the majority of people in Australia illegally are visa overstayers, who enter the country legally but remain after their visa expires or is revoked.
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Illegal Maritime Arrivals (IMAs)
Illegal immigration to Australia is defined by the Migration Act 1958, which distinguishes between "lawful non-citizens" (those in Australia holding a valid visa) and "unlawful non-citizens" (those without a valid visa). Immigration to the country is administered by the Department of Home Affairs. According to the Australian Bureau of Statistics, most people in Australia illegally are visa overstayers, who enter the country legally but remain after their visa expires or is revoked.
There are two classifications for irregular arrivals: Illegal Maritime Arrivals (IMAs) and non-IMAs. IMAs refer to those who arrive in Australian territory without a visa by sea, while non-IMAs arrive by non-maritime means, such as by air. In 2013, the Minister for Immigration, Scott Morrison, directed his department to use the term "Illegal Maritime Arrivals" instead of "Irregular Maritime Arrivals". The use of the term "illegal" in reference to asylum seekers is controversial. While it is not a criminal offence to seek asylum in Australia, or to enter Australian territory without immigration documents for this purpose, the Australian Broadcasting Corporation's Fact Check unit deemed the term valid when referring to an arrival's entry status.
In 2018, it was reported that over 60,000 foreigners were living illegally in Australia, a number that rose to more than 100,000 by 2021. Australia operates several immigration detention facilities and offshore processing centres, including on Nauru, Christmas Island, and Manus Island. The country has a policy of mandatory detention for unlawful non-citizens, implemented in 1992 in response to a wave of boat arrivals from Indochina.
Operation Sovereign Borders (OSB) is a border protection operation led by the Australian Border Force, aimed at preventing maritime arrivals of asylum seekers to Australia. The operation has a zero tolerance stance towards IMAs, with mandatory detention in offshore facilities. The "Stop the boats" slogan and approach for OSB have gained popularity in the United Kingdom due to rising illegal migrant numbers.
If individuals arrive in Australia illegally, they will be turned away and never granted settlement in the country. Those who are not genuine refugees will be deported, while those who are will be settled in a safe country other than Australia.
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Deportation
In Australia, the Migration Act 1958 defines illegal immigration and distinguishes between "lawful non-citizens" (those with valid visas) and "unlawful non-citizens" (those without valid visas). The Department of Home Affairs administers immigration and operates several immigration detention facilities and offshore processing centres.
The process of deportation involves the obligatory departure of an alien or unlawful non-citizen from Australia. This can include arrest and detention pending deportation, as outlined in the Australian Human Rights Commission Act. The specific rights and protections during deportation depend on national laws and the individual's legal status.
In practice, those who enter Australia by boat without a visa are often referred to as "unauthorised boat arrivals" or "illegal maritime arrivals." They are entitled to seek asylum, and if their claims are found to be valid, they are granted a permanent protection visa. However, if their claims are not approved, they may be subject to deportation.
It is important to note that the majority of people in Australia illegally are visa overstayers, who entered the country legally but remained after their visas expired or were revoked. This group includes tourists, students, and workers from various countries who fail to depart before their authorised stay ends. They may also be subject to deportation if discovered by the authorities.
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Frequently asked questions
The Migration Act 1958 defines unlawful non-citizens as those without a valid visa. While it is not a criminal offence to enter Australia without immigration documents, the Australian Government refers to such entrants as "unauthorised boat arrivals" or "illegal maritime arrivals". They are entitled to seek asylum and, if their claim is approved, they receive a permanent protection visa.
If you arrive illegally in Australia, you will be turned away and may be deported to your country of origin or a safe third country. If you are an asylum seeker, you will be allowed to stay in Australia while your claim is being processed.
Overstaying a visa is a common reason for people becoming unlawful non-citizens in Australia. This can result in visa cancellation, detention, and deportation.
Australia operates a mix of immigration detention facilities within the country and offshore processing centres. All these facilities are managed by the British services company Serco on behalf of the Australian government.
