Book contents
- Frontmatter
- Contents
- Table of cases
- Table of statutes
- Preface to the third edition
- Acknowledgments
- 1 Historical context to migration
- 2 Immigration control: An overview
- 3 Basic migration legislation and policy
- 4 The visa system and application procedures
- 5 Family and interdependency migration and other Australia-based visas
- 6 Business and investment visas
- 7 Skills-based visas
- 8 Temporary visas
- 9 Miscellaneous visas
- 10 Common visa requirements
- 11 Compliance: Unlawful non-citizens, removal and deportation
- 12 History of the Refugees Convention and definitional framework
- 13 Refugee and humanitarian visas: The statutory structure
- 14 Convention grounds
- 15 Persecution
- 16 Well-founded fear of persecution
- 17 Limits on protection of refugees – cessation, exclusion exceptions and protection by another country
- 18 Time for a fundamental rethink: Need as the criterion for assistance
- 19 The determination and review process for migration and refugee decisions
- Index
- References
11 - Compliance: Unlawful non-citizens, removal and deportation
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Table of cases
- Table of statutes
- Preface to the third edition
- Acknowledgments
- 1 Historical context to migration
- 2 Immigration control: An overview
- 3 Basic migration legislation and policy
- 4 The visa system and application procedures
- 5 Family and interdependency migration and other Australia-based visas
- 6 Business and investment visas
- 7 Skills-based visas
- 8 Temporary visas
- 9 Miscellaneous visas
- 10 Common visa requirements
- 11 Compliance: Unlawful non-citizens, removal and deportation
- 12 History of the Refugees Convention and definitional framework
- 13 Refugee and humanitarian visas: The statutory structure
- 14 Convention grounds
- 15 Persecution
- 16 Well-founded fear of persecution
- 17 Limits on protection of refugees – cessation, exclusion exceptions and protection by another country
- 18 Time for a fundamental rethink: Need as the criterion for assistance
- 19 The determination and review process for migration and refugee decisions
- Index
- References
Summary
Unlawful non-citizens: an overview
A person in Australia who is not a citizen and does not have a current visa is an unlawful non-citizen. This is contrasted with a lawful non-citizen, which is defined as a person in the migration zone who holds a visa that is in effect. It is not an offence to become an unlawful non-citizen, but such people face mandatory detention, removal from Australia and the costs of enforcement action.
In 2004–05, 18 341 unlawful non-citizens were located, compared with 20 003 in 2003–04 (following a doubling over the previous three years). This includes those located through compliance fieldwork (9062) and those who voluntarily approached DIMIA at their own initiative or at departmental request (9279).
- Type
- Chapter
- Information
- Migration and Refugee LawPrinciples and Practice in Australia, pp. 165 - 175Publisher: Cambridge University PressPrint publication year: 2011