Lexi Webster
Australia has strict visa rules, making it difficult for refugees to obtain visas. The majority of people in Australia illegally are visa overstayers, who enter the country legally but remain there 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%). Australia also experiences maritime arrivals of people without visas, who are entitled to seek asylum. The term illegal to describe asylum seekers is controversial, as it is not a criminal offence to seek asylum in Australia. Australia operates immigration detention facilities and offshore processing centres, and has a policy of mandatory detention for unlawful non-citizens.
| Characteristics | Values |
|---|---|
| Majority of illegal immigrants | Visa overstayers |
| Visa overstayers as a percentage of temporary entrants (2009-2010) | 0.35% |
| Number of visa overstayers (2010) | 53,900 |
| Number of foreigners living illegally in Australia (2018) | 60,000+ |
| Number of foreigners living illegally in Australia (2021) | 100,000+ |
| Classification of illegal immigrants | Illegal Maritime Arrivals (IMAs) and non-IMAs |
| Number of IMAs (2011-2012) | Greater than the number of non-IMAs |
| Australia's immigration detention facilities | 3 offshore centres and 10 detention centres on the mainland |
| Examples of offshore centres | Nauru, Christmas Island, and Manus Island |
| Year of introduction of mandatory detention policy | 1992 |
| Year of introduction of the term "illegal maritime arrivals" | 2013 |
| Australia's humanitarian migrant intake per year | 13,770 |
| Australia's Migration Program intake (2009-2010) | 168,600 |
| Peak periods for boat arrivals | 1999-2002 and 2009-2014 |
| Australia's visa rules | Strict, making it hard for refugees to obtain visas |
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What You'll Learn
Visa overstayers
According to the Migration Act 1958, 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. From 1 July 2009 to 30 June 2010, an estimated 15,800 people overstayed their visas out of 4.5 million temporary entrants, or about 0.35%. As of 30 June 2010, there were an estimated 53,900 visa overstayers in Australia, or 0.2% of the population. By 2021, this number had reportedly grown to over 100,000.
People overstay their visas for various reasons. They may have formed relationships with Australian citizens or permanent residents, or they may be seeking protection as asylum seekers. While it is not a criminal offence to seek asylum in Australia, the term Illegal Maritime Arrivals (IMAs) has been used controversially to describe those who enter the country by boat without proper documentation. Australia has a policy of mandatory detention for unlawful non-citizens and operates several offshore processing centres and detention facilities on the mainland.
If someone overstays their visa in Australia, they become an unlawful non-citizen and may be detained and deported. They can also face significant consequences if they wish to return to Australia in the future. If they have overstayed by more than 28 days, any future visa application 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 Australian government, including the costs of detention and removal.
To avoid becoming an unlawful non-citizen, individuals whose visas are expiring should resolve their immigration status before the expiry date. They may 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 extending their stay. Seeking legal advice from a lawyer or migration agent is crucial in such situations.
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Strict visa rules
Australia has maintained a universal visa regime since 1994, meaning that every non-citizen in Australia must have a visa, either through an application or one granted automatically by law. Visa rules are set out in the Migration Act 1958 and the Migration Regulations. The Australian Government has incorporated the collection of biometrics into the visa application process outside Australia. Applicants may be required to attend an AVAC or an ABCC in person to lodge their application and/or provide their biometrics.
The Migration Amendment (Reform of Employer Sanctions) Act 2013 put the onus on businesses to ensure that their employees maintain the necessary work entitlements in Australia. This legislation enables the Department of Immigration and Border Protection to levy infringement notices against businesses and individual employers on a strict liability basis, meaning there is no requirement to prove fault, negligence, or intention.
To maintain Australia's high health standards, most visa applicants must meet certain minimum health standards to be granted a visa. This is referred to as "meeting the health requirement." Additionally, all applicants must be of good character and will be assessed against character requirements. Applicants must declare all recorded offences, or their application may be negatively impacted.
The majority of people in Australia illegally are visa overstayers, who enter the country legally but remain after their visa expires or is revoked. In the period from 1 July 2009 to 30 June 2010, approximately 15,800 people overstayed their visas out of 4.5 million temporary entrants (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 population. By 2021, this number had increased to more than 100,000.
Australia operates a number of immigration detention facilities, including three offshore centres and ten detention centres on the mainland. These facilities include Nauru, Christmas Island, and Manus Island. In 1992, the Keating government introduced a policy of mandatory detention in response to a wave of boat arrivals from Indochina. Australia also has a humanitarian intake of around 13,770 migrants per year.
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Humanitarian intake
Australia has strict visa rules, making it difficult for many people to obtain a visa. The process is especially challenging for those from countries with high refugee outputs. Even if refugees are recognised by the UNHCR, the organisation refers very few people for resettlement. Additionally, it is difficult and expensive for Australian sponsors to help a refugee. Most visas are granted to those with family in Australia.
As a result, many refugees turn to boats to seek asylum in Australia. The Australian government refers to such entrants as "unauthorised boat arrivals" or "irregular maritime arrivals". However, it is important to note that entering Australia by boat without a visa is not a criminal offence. These entrants 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 stay in Australia until their claim is finalised. They remain "unlawful non-citizens" until their claim is approved, at which point they receive a permanent protection visa.
Australia operates a number of immigration detention facilities, including three offshore centres and ten detention centres on the mainland. All facilities are managed by the British services company Serco on behalf of the Australian government. As a signatory to the United Nations Convention relating to the Status of Refugees, Australia has committed to a humanitarian intake of around 13,770 migrants per year. This is in stark contrast to the country's Migration Program, which accommodated 168,600 people in 2009-2010.
It is worth noting that the term "illegal" in reference to asylum seekers is controversial. While it is not a criminal offence to seek asylum in Australia, the Australian Broadcasting Corporation's Fact Check unit has validated the use of the term "illegal" when referring to an arrival's entry status.
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Mandatory detention
In Australia, mandatory detention is a policy that requires the detention of all non-citizens who are in the country without a valid visa. This includes both adults and children, who are placed in immigration detention centres while their asylum claims are being processed or until they are deported. The policy was introduced in 1992 by the Keating government to address a wave of unauthorised boat arrivals from Indochina. The goal was to "support the integrity of Australia's immigration program" and "management of Australian borders".
Under this policy, asylum seekers are subject to mandatory detention while they undergo security and health checks to determine if they have a legitimate reason for staying in the country. This process can take a significant amount of time, with the average length of detention increasing over the years. In December 2015, the average time spent in onshore immigration detention was 445 days. This prolonged detention has been a cause for concern, particularly for children, who can be detained for months or even years, often in remote areas of Australia.
The mandatory detention policy has been controversial and criticised by several organisations, including the United Nations Human Rights Committee. In 2013, Australia was found guilty of 138 counts of illegal detention, lack of judicial remedy, and inhumane or degrading treatment. The indefinite nature of mandatory detention was ruled unconstitutional by the High Court of Australia in 2023, marking a significant shift in the interpretation of the law.
It is important to note that the majority of people in Australia illegally are visa overstayers, who enter the country legally but remain after their visa expires or is revoked. This group is also subject to mandatory detention rules, and their detention is typically much shorter as it facilitates deportation. However, the mandatory detention policy primarily affects asylum seekers and unauthorised boat arrivals, contributing to a complex and ongoing debate around Australia's immigration and border protection policies.
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Illegal asylum seekers
Australia has strict visa rules, making it difficult for many people to obtain a visa, especially those from countries that produce large numbers of refugees. The process for obtaining a visa is often lengthy and strict, and the number of available visas is limited compared to the number of refugees seeking resettlement.
As a result, many people enter Australia by boat without a visa, which is referred to as "illegal maritime arrivals" (IMAs) or "irregular maritime arrivals" (IMAs). While the term "illegal" is controversial, as seeking asylum is not a criminal offence in Australia, those who enter the country without immigration documents are classified as "unlawful non-citizens" under the Migration Act 1958.
Upon arrival, these asylum seekers are entitled to seek asylum, and almost all of them do so. If their claim is deemed valid, they are classified as "asylum seekers" and allowed to stay in Australia until their claim is finalized. During this time, they remain "unlawful non-citizens" and are typically held in immigration detention facilities or offshore processing centres.
The number of IMAs has fluctuated over the years, with peak periods occurring from 1999-2002 and 2009-2014. In response to these waves of boat arrivals, the Australian government has implemented policies such as "boat turnbacks" and mandatory detention to deter and manage illegal maritime arrivals.
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Frequently asked questions
Many immigrants come to Australia to seek asylum. While entering Australia without immigration documents is not a criminal offence, the Australian government refers to such entrants as "unauthorized boat arrivals" or "illegal maritime arrivals".
Immigrants may enter Australia by boat or air without a visa. While this is unauthorized, it is not a criminal offence.
Unauthorized entrants are entitled to seek asylum. If their claim is approved, they receive a permanent protection visa. If their claim is still being processed, they receive a bridging visa.
As a signatory to the United Nations Convention relating to the Status of Refugees, Australia operates a humanitarian intake of around 13,770 migrants per year. Refugees can be resettled in Australia if UNHCR refers them or if someone in Australia sponsors them.
Australia's Migration Act 1958 distinguishes between "lawful non-citizens" (those holding a valid visa) and "unlawful non-citizens" (those without a valid visa). The majority of people in Australia illegally are visa overstayers, who enter legally but remain after their visa expires or is revoked.
