Immigration Detention Australia - Release is possible under certain conditions

Persons found to be in breach of visa conditions consistently or arrested without a visa can end up in detention.

Release is possible via various remedies under the Migration Act, Migration Regulations, the Common Law and Jurisdiction of Equity.

Should you are a person of concern to you be detained for visa condition breaches or without a visa speak to us through the contact link or call the service line at the top left of the website. 

The factors considered by case officers on application include

• Past immigration history
• Risk to the community
• Strength of grounds to be released from detention
• Support of members in the community
• Links to the Australian community
• General character considerations.

Release from immigration detention in Australia requires detailed application process with supporting evidence.

Time of application is also crucial, with strict limits on time to apply for certain grounds seeking release.

VISAFAQ, migration law professionals have been instrumental in securing release of detainees from onshore detention centres in a number of locations across Australia.

• August 2019: 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 2021: 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 2021: 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 2020: 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 2021: 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 concerned acquaintances or third parties contact us immediately to consult for assistance and intervention.