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Being detained as an unlawful non-citizen in Australia

If you have entered Australia without a visa, or overstayed your visa, you are probably an “unlawful non-citizen”. There are currently over 46,000 unlawful non-citizens, and their future can be pretty dire.

If you are found by the Department of Immigration and Border Protection, you will be kept in immigration detention. Even the court is not able to intervene and release you, unless it is for the purpose of removing you from Australia, deporting you or if you have been granted a visa.

If you get caught and are put in detention, please do not forget that you still have the right to access legal and migration advice, as you must be advised of your right to apply for a visa and the consequences that may follow if you do not apply for a visa or your visa is not granted. Shockingly, this same right does not apply to those who have bypassed immigration clearance or who have been refused a visa based on character grounds.

Please ensure that you call our team of expert migration lawyers on (07) 3229 4025 if you find yourself or someone who know in detention, as we can help you discuss your visa options during this potentially scary time and give you our best advice as to how you can legally stay in Australia.

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