Illegal immigration to Australia is defined by theMigration Act 1958, which distinguishes between "lawful non-citizens" (those in Australia holding a valid visa) and "unlawful non-citizens" (those without a valid visa).[1]
Immigration to Australia is administered by theDepartment of Home Affairs, formerly theDepartment of Immigration and Border Protection, and before that theDepartment of Immigration and Citizenship (DIAC).
According to theAustralian Bureau of Statistics, the majority of people in Australia illegally arevisa overstayers, who enter the country legally but remain there after the expiry or revocation of their visa.[2] 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.[3]
In 2018, it was reported more than 60,000 foreigners are living illegally in Australia,[4] and by 2021 it was reported that increased to more than 100,000.[5]
Australia operates a number ofimmigration detention facilities within the country, as well as several offshore processing centres. All Australian immigration detention facilities are managed by the British services companySerco on behalf of the Australian government. Australia currently has three functioning offshore centres, and ten detention centres on the mainland. Facilities include Nauru, Christmas Island, and Manus Island.
Prior to 1992, theMigration Act 1958 permitted discretionary detainment of unlawful non-citizens. In 1992, theKeating government introduced a policy ofmandatory detention, in response to a wave of boat arrivals fromIndochina.[6]
As a signatory to the United NationsConvention relating to the Status of Refugees, 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.[7]
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.[8]
In 2013, the Minister for Immigration,Scott Morrison, directed his department to use the term "illegal maritime arrivals" instead of the previous term "irregular maritime arrivals". The application of the term "illegal" toasylum seekers 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 NationsProtocol 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".[9]