Immigration Detention Australian Migration Lawyers
- Urgent legal representation for immigration detention.
- Experienced advice on pathways to release & visa options.
- Strategic advocacy to protect your right to stay.
- Dedicated support during critical detention matters.
Daniel Moya
Founder of Moya Migration Law
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15-Min Consultation
Our Services for Immigration Detention Matters
Legal Advice & Status Assessment
We provide urgent legal advice if you are detained, assess why you are an unlawful non-citizen, and explain your current immigration status.
Exploring Release & Visa Options
Our lawyers explore options for your release from detention, including bridging visas or valid visa applications.
Challenging Decisions & Representation
We help review adverse decisions resulting in detention (e.g., visa cancellation appeals) and can provide representation if needed.
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We encourage a free 15-minute call to discuss your situation & map out a path to securing your release from immigration detention.
What Our Happy Clients Say
Hear directly from our successful learners.
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Why Am I in Immigration Detention?
In Australia, individuals without a valid visa are deemed “unlawful non-citizens” and are subject to mandatory immigration detention under the Migration Act. This can occur if you arrived without a visa, your visa expired, or your visa was cancelled.
Detention is not stated to be punitive, but rather for purposes like organising removal, or while the Department processes or determines eligibility for a visa application. Understanding the specific reason for your detention is the first critical step.
What Can Be Done from Detention?
If detained, you should seek legal advice immediately. You may be eligible for release if granted a visa, such as a bridging visa, while your immigration status is resolved. This often involves assessing options for a new visa application or appealing a previous refusal or cancellation.
The Department can only detain individuals while actively processing their case or arranging removal. Exploring all legal avenues for a valid visa or challenging the basis of your unlawful status is crucial, as rights are limited and timeframes can be strict.
Why Choose Moya Migration Law If You Are in Immigration Detention?
Being in immigration detention is an incredibly stressful and uncertain situation. Moya Migration Law offers experienced legal representation, a client-focused and supportive approach, and strategic advice to explore all available options for your release and visa resolution.
Experiencedise in Detention & Visa Matters
Our lawyers have deep experience with the Migration Act 1958 (Cth), detention grounds, visa cancellations, and pathways to resolve unlawful status.
Client-Focused & Urgent Support
We provide urgent, personalised support, clearly explaining your rights and options in plain English during this confronting time.
Strategic Advice for Release & Visa Options
We develop tailored strategies to seek your release, assessing eligibility for bridging visas, new applications, or appeals against prior decisions.
Dedicated Advocacy for Your Case
We offer dedicated advocacy, whether liaising with the Department or representing you in reviews/appeals to secure your freedom and future.
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15-Min Consultation
Our 5-Step Process for Immigration Detention Cases
If you are in immigration detention, securing experienced legal assistance is paramount. Moya Migration Law provides a clear, urgent process to assess your situation, explore all legal avenues for release, and work towards resolving your visa status.
1
Urgent Consultation & Detention Review
We prioritise your case, conducting an urgent review of your detention, the reasons for your unlawful status, and your immediate legal options.
2
Status Assessment & Pathway Identification
Our lawyers assess your eligibility for bridging visas, new visa applications, or grounds to appeal any prior adverse visa decisions.
3
Strategic Case & Application Preparation
We meticulously prepare all necessary applications (e.g., for a bridging visa or substantive visa) or appeal submissions to address your detention.
4
Liaison with Authorities & Lodgement
We manage communications with the Department of Home Affairs and lodge all prepared applications or submissions promptly on your behalf.
5
Advocacy for Release & Visa Resolution
We advocate for your release from detention and pursue a positive outcome for your visa matter, providing ongoing support and guidance.
Principal Lawyer Daniel Moya
Meet Daniel Moya, Your Immigration Detention Lawyer
Moya Migration Law is led by Principal Lawyer Daniel Moya, who provides urgent and dedicated representation for clients in immigration detention. With over two decades in Australian migration law since 2002, Daniel offers experienced guidance in these critical and complex situations.
Daniel is committed to exploring all legal avenues for your release and visa resolution, providing clear advice and robust advocacy. He understands the profound stress of detention and offers compassionate support. Daniel also provides legal assistance in Spanish.
Frequently Asked Questions about Immigration Detention in Australia
What is the What is immigration detention in Australia?Administrative Review Tribunal?
Immigration detention refers to government-run facilities used to detain non-citizens in Australia who do not hold a valid visa and are therefore considered unlawful.
Why would someone be placed in immigration detention?
A person must be placed in immigration detention if they are an unlawful non-citizen. This can happen if they arrived in Australia without a valid visa, their visa expired, or their visa was cancelled.
Is immigration detention a punishment for a crime?
The Australian government states that immigration detention is not a punitive measure but is part of border control and upholding the integrity of the migration framework.
For what purposes can the government hold someone in detention?
The government can only detain an unlawful non-citizen while organising their removal from Australia, or while receiving, investigating, and determining a visa application, or deciding whether to permit a valid application.After lodging an ART appeal, if you are in Australia and hold a bridging visa, it will generally be extended, allowing you to remain lawfully in Australia while the ART processes your migration review. The ART will then review your case, may request further information or supporting documents, and will eventually schedule an ART hearing or, if possible, make a decision ‘on the papers’. This ART appeal process is a key step in challenging a visa decision.
What should I do immediately if I am placed in immigration detention?
You should seek legal advice from an immigration lawyer as soon as possible to understand your situation, rights, and potential options.Yes, you can submit new evidence to the ART for your appeal, as the tribunal conducts a ‘fresh’ merits review of administrative decisions. This means the ART can consider new information and documentation that addresses the reasons for the visa refusal or visa cancellation, even if it was not provided in your original visa application to the DHA. Presenting new evidence can be vital for a successful appeal.
Can I be released from immigration detention?
Release from immigration detention generally occurs if you are granted a visa (such as a bridging visa while another application is processed) or if you are removed from Australia.While you can represent yourself, the ART appeal process is complex, and immigration law has many technicalities that can be challenging to navigate alone. Engaging an experienced immigration lawyer or ART appeal lawyers can help you understand these complexities, ensure your submissions for the migration review are based on sound legal arguments, prepare you thoroughly for the ART hearing, and significantly increase your prospects of a successful outcome for your visa decision. Seeking legal advice is often beneficial when you appeal to the ART.
What are "unlawful non-citizens"?
An unlawful non-citizen is any individual in Australia’s migration zone who does not hold a valid visa, for example, due to visa expiry or cancellation.
Are there different types of detention facilities?
Yes, facilities include immigration detention centres (like Villawood or Christmas Island), Immigration Transit Accommodation, and alternative places of detention such as hotels or hospitals if necessary.
What are my rights regarding legal advice while in detention?
While detained, you should have access to communication facilities like a mobile phone or public phone to contact an immigration lawyer for professional assistance.
Our Services
Administrative Review Tribunal (ART) Appeals ART Visa Appeals
Visa refused or cancelled? Don’t give up hope. Experienced representation for your ART review to challenge the decision.
Visa Refusals
If your Partner Visa has been refused, Daniel Moya offers 20+ years of experience in achieving positive outcomes at the Tribunal.
Visa Cancellations
Facing visa hurdles like refusals, cancellations, or PIC 4020 issues? Get experienced advice and management for your unique circumstances.
Partner Visas
Begin your journey to permanent residency. Experienced support for all Partner Visa applications, navigating the complex system with confidence.
Protection Visas
Seeking asylum or facing persecution? Daniel Moya provides crucial guidance and strategic advice for complex Protection Visa applications.
Family Visa
Reunite with loved ones in Australia. Explore options for Parent, Child, Carer, and other Family Visas with clear, experienced advice.
Citizenship
Ready to become an Australian citizen? Navigate the application requirements and process smoothly with experienced legal support.
Notary Public in Adelaide Notary Public
Need documents notarised in Adelaide for international use? We provide prompt, convenient, and reliable Notary Public services.
Court Appeals (Judicial Review) Judicial Review
Unfavourable Tribunal ruling? Challenge appealable errors in the Federal Courts with experienced legal guidance for Judicial Review.