Unlawful Status & Detention

Australia's migration system is based on control over who is allowed to enter Australia through a visa system. Anyone (with no exception) who is not an Australian citizen must hold a valid visa to be legally in Australia.


Unlawful Citizen


The term "unlawful status" refers to any form of immigration status other than legal status. If a person fails in any way to maintain their migration status, he or she is in "unlawful status."


The following is a non exclusive list of examples of acts that can result in a person violating his or her lawful status:

  • Any person who remains beyond the expiration date on his/her Australian visa without applying for an extension or change of status application prior to the visa expiration date.

  • A student who does not maintain minimum hours of class attendance or violates their working limits.

  • A person who works on a tourist visa who carries a no work condition..

If you have become unlawful


The eligibility of unlawful non-citizens to apply for substantive visas depends upon the criteria for the subclass of visa for which they wish to apply. 


Once you become unlawful you become highly restricted on which visas you can apply for, the visa options are very limited.


These are very complex situations and the probability of success will only be measured by; the visa subclass you qualify for, your circumstances and the reason why you became unlawful in the first place.


Detention of unlawful non-citizens


Migration Detention centres mainly caters for people who have over-stayed their visa permit or those who had their visa cancelled because they have failed to comply with their visa conditions.


A court may not release an unlawful non-citizen detained, otherwise than for the purpose of removal from Australia or deportation, unless he or she is granted a visa.


Unlawful non-citizens in detention must be advised of their right to apply for a visa, and that if they do not apply for or are not granted a visa, they must be removed from Australia.

Migration Agent's Confidentiality

The Code of conduct details the professional and ethical standards for registered migration agents. The Code of Conduct is intended to regulate the conduct of registered migration agents.


Part 3 of The Code of Conduct provisions outlines


  • 3.1 A registered migration agent has a duty to preserve the confidentiality of his or her clients.
  • 3.2 A registered migration agent must not disclose, or allow to be disclosed, confidential information about a client or a client’s business without the client’s written consent, unless required by law.

The Uvision team of consultants always comply with the applicable provisions of the Code of Conduct and the National Privacy Principles.


If you are in need legal assistance for any of the above, please contact us in confidence.