Released from Australian Immigration Detention – A Complex Migration Matter
We often have enquiries asking, “How can I get a person released from Australian immigration detention?”
The short answer is that it is not easy. BUT, it is also not impossible.
There are different reasons people are taken in to immigration detention.
To arrange for temporary or longer term release, it is first necessary to know why they are there at all.
On a basic level, people are taken in to immigration detention for these reasons.
- overstaying /unlawful visa status;
- breach of visa conditions;
- character or criminal grounds pending removal after cancellation.
For certain cases, options as to further review or fresh application are available.
In others, baseless or erroneous grounds for detention are uncovered. If this is the case, we then seek release for the detainee.
In other cases, options for detainees are exhausted. However, we are at least in an option to pursue temporary release on ‘departure grounds’.
This allows for the individual to be released to tidy up matters, such as financial and liquidation of assets, before leaving the country.
In this case, we can also provide planning for future applications to return to Australia.
As you will note, ‘How can I get a person released from Australian immigration detention?’ is not easily answered.
- The Australian government is fast tracking deportation for detainees.
- For us to assist you or a loved one it is important to contact us urgently. Strict time restrictions apply under Australian Migration law.
- Call or TXT ‘IMMIGRATION DETENTION’ to 0400 804 087. We will respond immediately.
SOME RECENT SUCCESSES – Client cases of release from Immigration Detention
Over the past 12 months, VISAFAQ, and in particular Principal Mr Paul Sadler, has been instrumental in securing release of detainees from onshore detention centres in a number of locations across Australia.
- August 2017: Mr Nguyen, a Vietnamese national, released after 4 weeks in Villawood Detention Centre; Mr Nguyen’s case still under management and Mr Nguyen remains onshore.
- August 2017: Mr Van de Roost, a South African national, released after 6 weeks in Curtin Detention Centre; Mr Van de Roost was released temporarily for affairs to be managed and preparation of offshore visa application to which his is eligible and not affected by time in detention.
- December 2017: Mr Singh, an Indian national, released after 5 and a half weeks in detention; Mr Singh has an ongoing matter with the department and remains onshore and in the community.
- January 2017: Mr Hoang, Vietnamese national, released after 2 and half weeks in Marybrynong Detention Centre; Mr Hoang is presently preparing a new matter with the department and remains on release from detention.
- October 2017: Ms Lee, a South Korean national, released after 6 nights in Villawood Detention Centre. Ms Lee’s case is still under management.
In all cases, it was essential that detainees, their loved ones or concerned third parties contact us immediately to consult for assistance and intervention.
WARNING: 'Artificial Intelligence' increasingly used to detect fraud – Unlawful non-citizens may also be easily detected
In a recent article, it was revealed how new technologies are being used by the Department. The technology is to be used to assess visa applications. It will also be used to monitor visa holders for compliance with conditions.
For unlawful non-citizens, that is, individuals with no visa, will face higher risk of arrest. The risks of detection, location and arrest will increase over time, leading to more traffic through the detention centres.
The technology is to be implemented over time. This will lead to increasing sophistication of Departmental handling and detection of cases.
Statutory Time Frames to Note
Australian migration law sets out statutory time limits.
The detainee is required to be informed of consequences of detention (s.194). The grounds for detention and the reasons for which the person is deemed to be an unlawful non citizen is to be explained.
Application for a visa can be made, however within 2 working days after they were informed of s.194 grounds above.
If unable to make application, then request for extension of 5 working days can be made (s.195).
Residence determinations can also be exercised at this time.
Application is to be made formally however the decision to grant is discretionary.
How can I get a person released from Australian immigration detention?
In taking the above points into consideration, the answer is not a simple one.
Most importantly, when trying to assist a detainee, you need to act fast. Time is not on your side.
The longer the detainee is not accessing assistance, the fewer options become available.