Omari Gates
Australia has long been a destination for migrants, with the country's demographics and cultural identity shaped by immigration. In recent years, Australia has seen an increase in illegal migration, with more than 100,000 foreigners living in the country illegally as of 2021. The majority of these are visa overstayers, who enter the country legally but remain after their visa expires. Australia classifies illegal migrants as either Illegal Maritime Arrivals (IMAs) or non-IMAs, those arriving by air without a visa. The legal status of IMAs is complex, as seeking asylum in Australia is not a criminal offence, but the government refers to them as unauthorised arrivals or unlawful non-citizens. Australia operates several immigration detention facilities, both within the country and offshore, to manage the influx of illegal migrants.
| Characteristics | Values |
|---|---|
| Number of foreigners living illegally in Australia | 60,000 in 2018; 100,000 in 2021 |
| Number of detention facilities | 13 (3 offshore; 10 on the mainland) |
| Migration classification | Legal non-citizens (valid visa holders); unlawful non-citizens (visa overstayers), IMAs, non-IMAs |
| Visa overstayers | 15,800 from 4.5 million temporary entrants (0.35%) from 1 July 2009 to 30 June 2010 |
| Annual migrant arrivals (pre-pandemic average) | 515,000 (307,000 on temporary visas; 92,000 on permanent visas) |
| Annual citizen arrivals (pre-pandemic average) | 77,000 Australians; 32,000 New Zealanders |
| Annual migrant departures (pre-pandemic average) | 288,000 (140,000 on temporary visas) |
| Annual citizen departures (pre-pandemic average) | 93,000 Australians; 25,000 New Zealanders |
| Percentage of foreign-born residents | 31.5% (8.6 million out of 27.2 million total population) as of 30 June 2024 |
Explore related products
What You'll Learn
Migration Act 1958 defines illegal immigration
Illegal immigration to Australia is defined by the Migration Act 1958, which makes a distinction between "lawful non-citizens" and "unlawful non-citizens". Lawful non-citizens are those who hold a valid visa, while unlawful non-citizens are those without a valid visa. The Australian Bureau of Statistics reports that most people in Australia illegally are visa overstayers, who enter the country legally but remain after their visa expires or is revoked.
The Migration Act 1958 has been amended several times since its inception. In 1966, the Holt government made minor amendments relating to decimalisation and identity documents for foreign vessel crew members. In 1983, the Act was amended to substitute the word "immigrant" with "non-citizen", removing entry restrictions for Australian citizens from external territories like Christmas Island.
In 2001, under Prime Minister John Howard, the Act was amended to allow "offshore entry persons" to be taken to "declared countries", with Nauru and Papua New Guinea designated as such. This policy, known as the Pacific Solution, has been controversial and criticised by several organisations.
In 2014, the Migration Act was amended again to include a character test for visa applicants and foreign non-citizens in Australia. This character test has been strengthened further with subsequent amendments in 2018 and 2021, with the latter proposing to expand the criteria of crimes allowing for the deportation of non-citizens.
It is important to note that while the term "illegal" is often used to describe asylum seekers, it is not a criminal offence to seek asylum in Australia or enter without immigration documents for this purpose. The Australian Government typically refers to such entrants as "unauthorised boat arrivals" or "irregular maritime arrivals", and they are entitled to seek asylum.
Australia's T20 World Cup Triumph: A History
You may want to see also
Explore related products
Offshore processing centres
The Australian government has signed agreements with Nauru and PNG to facilitate this system. Asylum seekers intercepted at sea are first brought to an Australian territory, such as Christmas Island, and then transferred to offshore processing centres. These centres have been the site of violent clashes, with allegations of human rights abuses, including beatings, racial slurs, and sexual assaults.
The UN Human Rights Committee has ruled that Australia is responsible for the arbitrary detention of asylum seekers in these centres, despite them being located outside the country. In one case, 24 unaccompanied minors suffered severe physical and mental health issues while detained in Nauru. In another case, an Iranian asylum seeker was recognised as a refugee but remained in detention for over a year before being transferred to Australia for medical reasons.
The operation of these centres has been controversial, with the UN High Commissioner for Refugees criticising them as an "indictment of a policy meant to avoid Australia's international obligations". The Australian government has faced accusations of a cover-up regarding incidents in these centres, and human rights organisations have expressed concern over prolonged detention periods and their impact on individuals.
Australian State Codes: What and Why?
You may want to see also
Explore related products
Visa overstayers
According to the Australian Bureau of Statistics, most people in Australia illegally are visa overstayers, who enter the country legally but remain there after their visa expires or is revoked. Between July 2009 and June 2010, approximately 15,800 people overstayed their visas out of 4.5 million temporary entrants during that period (about 0.35%).
If a person remains in Australia illegally for more than 28 days after their visa has expired, any future application for an Australian visa will be subject to an exclusion period. This means they will be unable to obtain a visa to travel to or stay in Australia for a minimum of three years. After this period, they will only be able to get another visa if they repay any debts owed to the Commonwealth Government, including the costs of detention and removal from the country.
If a person has overstayed their visa by any amount of time, they should contact a lawyer or migration agent immediately to be advised of their options. If their visa has expired and they have purchased a ticket to another country, they should not go to the airport and attempt to leave normally, as they may be arrested and taken to a detention centre. Instead, they should apply for a Bridging Visa E, which will likely be granted and allow them to stay until their flight date.
If a person has overstayed their visa by 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 can meet other criteria. They may also be able to extend their current visa, apply for a bridging visa, or apply for a different class of visa, depending on their reasons for wanting to extend their stay.
Love Island Australia: Who is a 'Root'?
You may want to see also
Explore related products
Asylum seekers
Australia has obligations to protect the human rights of asylum seekers and refugees, regardless of how or where they arrive in the country. This includes the right to claim asylum, the prohibition on arbitrary detention, and the rights of children and families. However, the Australian government has also implemented a regional processing regime, which aims to ensure that asylum seekers who come by boat do not benefit compared to those who wait elsewhere for their claims to be assessed. This has raised concerns about potential breaches of human rights obligations.
The number of asylum claims in Australia reflects the nationalities of those who can enter the country on valid visas. Many asylum seekers arrive by plane with valid visas and then claim asylum while in the country. The top nationalities seeking asylum by plane include China, Malaysia, India, Pakistan, and Vietnam. In contrast, those arriving by boat may be subject to mandatory detention and offshore processing in "regional processing countries" like Nauru and Papua New Guinea.
Historically, Australia has experienced periodic waves of asylum seekers from Southeast Asia and the Middle East. In recent years, the number of asylum seekers arriving by boat has increased, with three distinct waves identified: Vietnamese (1976-1981), Indochinese (1989-1998), and people of Middle Eastern origin (from 1999). This shift in mode of arrival has influenced public opinion and government policy on asylum seekers.
A Relaxing Vacation: Do BA Fly to Australia?
You may want to see also
Explore related products
Temporary visa holders
According to the Australian Bureau of Statistics, most people in Australia illegally are temporary visa holders who overstay their visas. They enter the country legally but remain after their visa expires or is revoked. From 1 July 2009 to 30 June 2010, approximately 15,800 people overstayed their visas out of 4.5 million temporary entrants during that period (about 0.35%). As of 30 June 2010, the number of visa overstayers in Australia was estimated to be around 53,900, or 0.2% of the Australian population. By 2018, this number had increased to more than 60,000, and by 2021, it was reported to be over 100,000.
In 1999, the Howard government created the temporary protection visa category for asylum seekers whose refugee claims had been accepted. These visas were only granted to unauthorized arrivals and were criticized for leaving refugees in limbo indefinitely, without rights to work or family reunion and without the right to return to Australia if they left. Their status was to be reviewed every three years. The Rudd government later dismantled this system, along with offshore processing and a policy of turning back boats where possible, describing these measures as "ineffectual and wasteful."
Australia currently operates a number of immigration detention facilities within the country, as well as several offshore processing centres. All Australian immigration detention facilities are managed by the British services company Serco on behalf of the Australian government. Australia has three functioning offshore centres and ten detention centres on the mainland, including Nauru, Christmas Island, and Manus Island.
Finding Australian Business Owners: A Comprehensive Guide
You may want to see also
Frequently asked questions
The Migration Act 1958 defines illegal immigration to Australia, distinguishing between "lawful non-citizens" (valid visa holders) and "unlawful non-citizens" (those without a valid visa).
Illegal Maritime Arrivals (IMAs) and non-IMAs (those arriving without a visa by non-maritime means).
In 2021, it was reported that over 100,000 foreigners were living in Australia illegally, up from 60,000 in 2018.
According to the Australian Bureau of Statistics, the majority of people in Australia illegally are visa overstayers, who enter the country legally and remain after their visa expires or is revoked.
In recent years, the largest increases in migrant groups in Australia have come from India, China, the Philippines, Nepal, Pakistan, Vietnam, Colombia, Thailand, and Bhutan.
