What are the consequences of illegal immigration?

Illegal immigration in Australia is at a very high level, the department of immigration in Australia now estimates that as at 30 June 2009, that some 48 700 people were unlawfully in Australia. Around 80 per cent of these people are of working age. In addition, some people who are lawfully in Australia are working in breach of their visa conditions. In 2008–09, the department located 990 people working illegally. The top three industries in which illegal workers were located included:

agriculture, forestry, and fishing (largely farming)
accommodation, cafes and restaurants
construction.

Can you be made an unlawful non-citizen and detained?

Under the Migration Act 1958 (Cth), the law requires an immigration officer to detain a person where they are a ‘unlawful non-citizen’ which is defined as any person in the migration zone who does not have a visa and is not a citizen of Australia. Section 189 of the Act requires that a person who fits this definition be detained. This means that technically any person who is overstaying their visa or has entered Australia without a valid visa can be detained under the law and although it is not necessarily strictly applied in every instance, the department of immigration does have the right to detain any person who fits this description.

Is there deportation for illegal immigration?

Under sections 198 and 200 of the Act, a person may be ‘removed’ or ‘deported’ by an officer of the Department of immigration if they are an unlawful non-citizen as outlined above. This is obviously one of the worst ways to leave Australia if you originally only came on a holiday. It is however a possibility if you stay in Australia for a long time without a visa. If you have overstayed your visa in Australia or you need other advice or assistance, please do not hesitate to contact us using the contact form available on this site.