Illegal immigration to Australia is defined by the ''

Migration Act 1958 The ''Migration Act 1958'' (Cth) is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and pr ...

'', which distinguishes between "lawful non-citizens" (those in Australia holding a valid visa) and "unlawful non-citizens" (those without a valid visa).''Migration Act 1958'' (Cth) s 14
''AustLII''.

Immigration to Australia The Australian continent was first settled when ancestors of Indigenous Australians arrived via the islands of Maritime Southeast Asia and New Guinea over 50,000 years ago. European colonisation began in 1788 with the establishment of a ...

is administered by the

Department of Home Affairs An interior ministry (sometimes called a ministry of internal affairs or ministry of home affairs) is a government department that is responsible for internal affairs. Lists of current ministries of internal affairs Named "ministry" * Ministr ...

, formerly the

Department of Immigration and Border Protection The Department of Immigration and Border Protection (DIBP) was a department of the Government of Australia that was responsible for immigration, citizenship and border control (including visa issuance). It has now been subsumed into the Depart ...

(DIBP), and before that the

Department of Immigration and Citizenship The Department of Immigration and Citizenship (DIAC) was an Australian government department that existed between January 2007 and September 2013, that was preceded by the Department of Immigration and Multicultural Affairs and was su ...

(DIAC). According to the

Australian Bureau of Statistics The Australian Bureau of Statistics (ABS) is the independent statutory agency of the Australian Government responsible for statistical collection and analysis and for giving evidence-based advice to federal, state and territory governments ...

(ABS), the majority of people in Australia illegally are visa overstayers, who enter the country legally but remain there after the expiry or revocation of their visa.Population Growth: Coming to Australia
Australian Bureau of Statistics, 6 June 2001. DIAC estimated that 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 during that period (about 0.35 per cent). As of 30 June 2010, DIAC estimated that the number of visa overstayers in Australia was around 53,900, or 0.2 per cent of the Australian population.
Department of Immigration and Border Protection, 2012. Retrieved 24 November 2013. The article incorrectly states the percentage as 0.02%, but the numerical figure is more reliable, so we base our percentage calculation on that. In 2018, it was reported more than 60,000 foreigners are living illegally in Australia, and by 2021 it was reported that increased to more than 100,000.

Immigration detention

Australia operates a number of immigration detention facilities within the country, as well as several offshore processing centres. All Australian immigration detention facilities are managed by the British services company

Serco Serco Group plc is a British company with headquarters based in Hook, Hampshire, England. Serco primarily derives income as a contractor for the provision of government services, most prominently in the sectors of health, transport, justice, ...

on behalf of the Australian government. Australia currently has three functioning offshore centres, and ten detention centres on the mainland. A

List of Australian immigration detention facilities This is a list of current and former Australian immigration detention facilities. Immigration detention facilities are used to house people in immigration detention, and people detained under the Pacific Solution, and Operation Sovereign Borde ...

includes Nauru, Christmas Island, and Manus Island.

Mandatory detention

Prior to 1992, the ''Migration Act 1958'' permitted discretionary detainment of unlawful non-citizens. In 1992, the Keating Government introduced a policy of

mandatory detention Immigration detention is the policy of holding individuals suspected of visa violations, illegal entry or unauthorized arrival, as well as those subject to deportation and removal until a decision is made by immigration authorities to grant a vi ...

, in response to a wave of boat arrivals from

Indochina Mainland Southeast Asia, also known as the Indochinese Peninsula or Indochina, is the continental portion of Southeast Asia. It lies east of the Indian subcontinent and south of Mainland China and is bordered by the Indian Ocean to the west an ...

.Janet Phillips and Harriet Spinks
Immigration detention in Australia
Social Policy Section, Parliamentary Library, 20 March 2013

Asylum seekers

As a signatory to the United Nations

Convention relating to the Status of Refugees The Convention Relating to the Status of Refugees, also known as the 1951 Refugee Convention or the Geneva Convention of 28 July 1951, is a United Nations multilateral treaty that defines who a refugee is, and sets out the rights of individua ...

, Australia operates a humanitarian intake of migrants of around 13,770 persons per year (by comparison, Australia's Migration Program was 168,600 places in 2009–10). Those who have not gained prior approval to enter Australia for the purpose of seeking asylum were referred to as irregular arrivals.Humanitarian Arrivals
''Year Book 2011'', Australian Bureau of Statistics, 24 May 2012. There are two classifications for irregular arrivals: Illegal Maritime Arrivals (IMAs; prior to 2013 the term "Irregular Maritime Arrivals" was used) and Non-IMAs (those arriving in Australian territory without a visa by non-maritime means, such as by air). In the 2011–12 period, the number of IMAs was greater than the number of Non-IMAs for the first time.Australia and asylum seekers: the key facts you need to know
''The Guardian'', 2 July 2013. In 2013, the Minister for Immigration,

Scott Morrison Scott John Morrison (; born 13 May 1968) is an Australian politician. He served as the 30th prime minister of Australia and as Leader of the Liberal Party of Australia from 2018 to 2022, and is currently the member of parliament (MP) for th ...

, directed his department to use the term "illegal maritime arrivals" instead of the previous term "irregular maritime arrivals". The application of the term "illegal" to

asylum seekers An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and ...

is controversial. While it is not a criminal offence to seek asylum in Australia, or to enter Australian territory without immigration documents for the purpose of seeking asylum, the Australian Broadcasting Corporation's Fact Check unit determined that the term was valid when referring to an arrival's entry status. In addition, the United Nations '' Protocol against the Smuggling of Migrants by Land, Sea and Air'', to which Australia is a signatory, defines "illegal entry" as "crossing borders without complying with the necessary requirements for legal entry into the receiving State".Protocol against the Smuggling of Migrants by Land, Sea and Air
, United Nations, 2000.

References

{{Asylumaustralia Australian migration law

Immigration detention

Mandatory detention

Asylum seekers

See also

References