Lexi Webster
Australia's immigration policy has been criticised for its harsh treatment of asylum seekers and illegal immigrants. The country operates a mandatory detention policy for asylum seekers, who are held in offshore processing centres or on the Australian mainland while their claims are assessed. Australia's policy of offshore processing has been deemed illegal and unconstitutional by the Supreme Court of Papua New Guinea, and the United Nations Human Rights Committee found Australia guilty of illegal detention, lack of judicial remedy, and inhumane or degrading treatment. The majority of illegal immigrants in Australia are visa overstayers, and there is a racial element to the issue, with people from southeast Asia overstaying tourist visas to work in the country.
| Characteristics | Values |
|---|---|
| Number of illegal immigrants in Australia | In 2018, it was reported that more than 60,000 foreigners were living illegally in Australia, and by 2021, this number had increased to more than 100,000. The majority of these are visa overstayers. |
| Classification of illegal immigrants | "Lawful non-citizens" (valid visa holders) and "unlawful non-citizens" (without a valid visa). |
| Types of illegal immigrants | Illegal Maritime Arrivals (IMAs) and non-IMAs (those arriving without a visa by non-maritime means, such as by air). |
| Detention facilities | Australia operates several immigration detention facilities, including three offshore centres and ten detention centres on the mainland. |
| Detention policy | Mandatory detention was introduced in 1992. Asylum seekers are detained while undergoing an assessment process. The policy has been deemed controversial and criticised by organisations and the UN Human Rights Committee. |
| Deportation | If illegal immigrants are caught, they are likely to be deported. |
| Refugee intake | Australia operates a humanitarian intake of around 13,770 migrants per year. |
| Racial issues | There is a perceived race problem in Australia regarding illegal immigrants, with legal immigrants also facing societal challenges. |
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What You'll Learn
Detention and deportation
Australia operates a number of immigration detention facilities, including three offshore centres and ten detention centres on the mainland. These facilities are run by the British services company Serco on behalf of the Australian government.
The Migration Act 1958 defines illegal immigration to Australia, distinguishing between "lawful non-citizens" (those with a valid visa) and "unlawful non-citizens" (those without a valid visa). The Act previously permitted discretionary detainment of unlawful non-citizens, but in 1992, the Keating government introduced a policy of mandatory detention. This policy applies to asylum seekers, who are detained while undergoing security and health checks to determine if they have a legitimate reason to stay in Australia. The average time spent in onshore detention centres has increased over time, with people staying for an average of 445 days as of December 2015.
The legality of Australia's immigration detention policies has been challenged. In 2013, the United Nations Human Rights Committee found Australia guilty of illegal detention, lack of judicial remedy, and inhumane or degrading treatment on 138 counts. In 2023, the High Court of Australia ruled that the practice of indefinite mandatory detention of non-citizens was unlawful and unconstitutional.
Australia has been criticised for its treatment of asylum seekers, particularly those arriving by boat without a visa. While seeking asylum is not a criminal offence in Australia, the government has been accused of intentionally prolonging the processing of these cases as a form of punishment. There have also been concerns about the conditions in offshore processing centres, with a 2016 ruling by the Supreme Court of Papua New Guinea finding that the detention of asylum seekers on Manus Island breached their constitutional right to freedom.
If individuals are found to be in Australia illegally, they may be deported. The majority of "illegal immigrants" are visa overstayers, and their deportation may occur after their status is discovered. Those who arrive by boat and are not granted asylum will be denied entry and may be returned to their country of origin or resettled in a different safe country.
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Visa overstayers
According to the Migration Act 1958, which defines illegal immigration to Australia, visa overstayers are classified as "unlawful non-citizens". These are individuals who initially entered Australia legally but remained in the country after their visa expired or was revoked.
It is important for visa overstayers to seek legal advice or consult a Migration Agent to understand their options. If a visa has already expired, purchasing a ticket to another country and attempting to leave Australia normally is not advisable, as the individual may be arrested and taken to a detention centre. Instead, they should apply for a Bridging Visa E, which will typically be granted and allow them to remain in the country until their scheduled departure.
The future visa options for visa overstayers depend on various factors, including the length of their overstay and whether they have been refused or cancelled a visa previously. If a person remains in Australia unlawfully for more than 28 days after their visa expires, any subsequent application for an Australian visa will be subject to an exclusion period of at least three years. After this period, they will only be able to obtain another visa if they repay any debts owed to the Commonwealth Government, including detention and removal costs. However, even those who have overstayed their visa by more than 28 days may still have other options, such as applying for a bridging visa while their immigration matter is being finalised.
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Illegal Maritime Arrivals (IMAs)
The legal status of IMAs is complex. While entering Australia by boat without a visa is not explicitly a criminal offence, IMAs are considered “unauthorised boat arrivals” or “unlawful non-citizens" under the Migration Act 1958. This Act defines illegal immigration by distinguishing between "lawful non-citizens" (those with valid visas) and "unlawful non-citizens" (those without valid visas).
Upon arrival, IMAs are typically intercepted and transferred to immigration detention facilities, either on the mainland or in offshore processing centres like Nauru, Christmas Island, or Manus Island. These facilities are managed by the British services company Serco on behalf of the Australian government. If initial processing suggests that IMAs have a valid case for asylum, they are classified as “asylum seekers" and may be allowed to stay in Australia temporarily while their claim is assessed. During this time, they remain “unlawful non-citizens" and may receive a “bridging visa". If their claim is ultimately approved, they are granted a permanent protection visa.
The Australian government has implemented policies to deter IMAs, such as mandatory detention and offshore processing. Operation Sovereign Borders (OSB) is a notable example, aiming to stop maritime arrivals of asylum seekers through a combination of border force resources and engagement with regional countries to prevent vessels from departing for Australia. The effectiveness of these measures has been debated, with the government claiming significant reductions in maritime arrivals, while critics argue that the focus on boat arrivals exaggerates their security threat and contribution to illegal immigration.
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Australia's immigration policy
The Migration Act 1958 defines illegal immigration to Australia, distinguishing between "lawful non-citizens" with valid visas and "unlawful non-citizens" without. The Department of Home Affairs administers immigration, previously managed by the Department of Immigration and Citizenship (DIAC). According to the DIAC, in the 2009-2010 period, approximately 15,800 people overstayed their visas out of 4.5 million temporary entrants, with an estimated 53,900 visa overstayers as of June 2010. Most illegal immigrants in Australia are visa overstayers, primarily from the UK, the US, Malaysia, China, and other countries.
Australia operates immigration detention facilities and offshore processing centres, currently managed by Serco, a British services company. The country has three functioning offshore centres and ten detention centres on the mainland, including Nauru, Christmas Island, and Manus Island. The mandatory detention policy was introduced in 1992 by the Keating government to distinguish between those who submit to offshore entry processes and those who do not. Asylum seekers are detained during the assessment process, which includes security and health checks.
The processing times for asylum seekers have been criticised as intentionally long and inhumane, with the United Nations Human Rights Committee finding Australia guilty of illegal detention, lack of judicial remedy, and inhumane treatment in 2013. The Supreme Court of Papua New Guinea also ruled that the detention of asylum seekers on Manus Island breached their constitutional right to freedom. Australia's immigration policy has been described as "restrictionist," prioritising short-term low-skill migrant workers while making it challenging for long-term high-skill workers to enter.
Australia's geographic position as an island provides some protection against illegal immigration. Those who arrive by boat without visas are typically intercepted by the Navy before reaching the mainland. Australia's policy towards illegal arrivals is strict, refusing entry and resettlement within the country. Asylum seekers are detained indefinitely until their claims are approved, receiving a permanent protection visa, or they are resettled in another safe country.
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Asylum seekers
The legal status of asylum seekers who enter Australia by boat without a visa is complex. While their entry is not legally authorised, it is also not a criminal offence. The Australian government refers to such entrants as "unauthorised boat arrivals" or "irregular maritime arrivals", and they are classified as “unlawful non-citizens” under the Migration Act 1958.
People who enter Australia by boat without a visa are entitled to seek asylum, and almost all of them do so. If the government's initial processing suggests they may have a valid case, they are classified as "asylum seekers" and allowed to remain in Australia while their claim is assessed. They remain “unlawful non-citizens” until their claim is approved, at which point they receive a permanent protection visa. Alternatively, they may receive a “bridging visa” while their claim is finalised.
The mandatory detention of asylum seekers was introduced in 1992 to "support the integrity of Australia's immigration program" and "management of Australian borders". Under this policy, asylum seekers are detained while undergoing security and health checks to determine if they have a legitimate reason to stay in Australia. The policy has been criticised as controversial and inhumane, with the United Nations Human Rights Committee finding Australia guilty of illegal detention, lack of judicial remedy, and inhumane or degrading treatment in 2013. The Supreme Court of Papua New Guinea also ruled in 2016 that the detention of asylum seekers on Manus Island was illegal, breaching their constitutional right to freedom.
Australia operates a number of immigration detention facilities, including three offshore centres and ten detention centres on the mainland. All of these facilities are managed by the British services company Serco on behalf of the Australian government. The processing times for asylum seekers in these centres can be lengthy, with an average detention period of 445 days as of December 2015.
It is important to note that the term "illegal" when applied to asylum seekers is controversial. While seeking asylum in Australia is not a criminal offence, the use of the term "illegal" has been deemed valid when referring to an individual's entry status.
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Frequently asked questions
Their entry is not legally authorised but is not a criminal offence. The Australian government refers to such entrants as "unauthorised boat arrivals" or "irregular maritime arrivals". They are also ""unlawful non-citizens" under the Migration Act.
Asylum seekers are mandatorily detained while they undergo an assessment process, including security and health checks, to establish if they have a legitimate reason for staying in Australia. If their claim is approved, they get a permanent protection visa. If they receive a "bridging visa", their claim is pending finalisation.
There is very little illegal immigration in Australia because it is an island with no land borders. In 2018, it was reported that more than 60,000 foreigners were living illegally in Australia, and by 2021, this number had increased to more than 100,000. However, the majority of "illegal immigrants" are visa overstayers, and the actual number of unauthorised boat arrivals is small.
