Immigration detention reviews

Overview

Immigration detention reviews

The Immigration Division reviews immigration detention within 48 hours or as soon as possible, again within seven days, and at least every 30 days. The Minister must justify continued detention on a statutory ground.

Identify the detention ground

Grounds include danger to the public, flight risk, unresolved identity and certain examination or security circumstances. The evidence and release plan should respond to the actual ground.

Immigration detention is administrative, not a criminal sentence.

Prepare an immediate release plan

A bondsperson can offer a cash or performance bond and supervision, but must understand the person and enforce conditions. Housing, reporting, treatment, travel documents and community support can reduce identified risk.

A high bond is not a substitute for a workable plan.

Challenge ongoing detention

At each review, consider length, reasons for delay, government diligence and alternatives. New evidence or changed circumstances should be filed, while prior adverse findings must be addressed directly.

Children’s best interests and vulnerability require special attention.

Comply strictly after release

Reporting, residence, curfew and other conditions remain binding until varied. Breach can lead to re-arrest and loss of bond money.

The underlying admissibility, claim or removal proceeding continues separately.