Your client is in immigration detention, and they have no more options left to legally stay in Australia. How can you assist them? The best way to achieve optimal results for your client would be to make an application for a Bridging Visa E on departure grounds [Schedule 2 Clause 050.212(2)] If your client can obtain a Bridging Visa and is therefore able to leave the country as a lawful non-citizen they will not have to be removed.
As well, this means they will have a better chance of re-entering Australia, provided of course that they can make a valid visa application. However if they can’t obtain a Bridging Visa because their visa has been cancelled or refused they will have to remain in detention until they are removed.
What if your client is unlawful, but has not yet been detected? You will need to counsel them to attend an immigration office as soon as possible, with their valid passport, and a current airline ticket, to make an application for a Bridging Visa on departure grounds.
It is important that you ensure your client understands that if they go to the airport without a valid visa they may be questioned and detained by border officials. In the worst case scenario they risk being removed involuntarily from the country as an unlawful non-citizen.
Under section 210 of the Migration Act any person, except those on a criminal justice visa, who is removed or deported must repay all the costs of their removal or deportation.
An unlawful non-citizen who requests in writing to be removed, and the request is approved, is considered to be a voluntary removal. If they do not require a security escort, or medical, or welfare escorts then they can be removed unescorted.
On the other hand, a non-citizen who has not made a written request to be removed, is known as an involuntary removal. If they pose a high security risk, or require medical, or other escorts, then their removal must be escorted.
All unlawful non-citizens are required to be removed as soon as reasonably practicable. An officer of the Department also has the discretion to remove the spouse or defacto partner of a non-citizen who has been removed from Australia.
Assisted Voluntary Returns (AVR) services are available to assist Bridging Visa E visa holders who may need assistance and support to leave Australia.
If you think your visa has expired, or your visa is about to expire, or you are not sure of your immigration status, don’t put your future or your family at risk because you haven’t got the facts. At Migration Centre of Australia we are experienced in handling highly complex and sensitive matters, and we have some of the best immigration agents in Sydney. Call our Registered Migration Agents 02 46261002, or email admin@mckkrs.com.au.
