Immigration Detention Vs. Deportation – What’s the Difference?

Immigration laws are not easy to understand, and if one talks of terms like detention and deportation, it gets harder. The two words are both used together and interchangeably sometimes, but they both are two different processes in the immigration process. Detention vs deportation is something that should be known if one is dealing with immigration issues because it pertains to your immigration remedy, rights, and future.

Here in this blog, we explain the key distinction between detention and deportation, what each entails and how migration lawyers in Perth may assist you or your loved one at such dire moments.

What is Immigration Detention?

Immigration detention is where immigration officials hold non-citizens. This normally occurs when the person has breached immigration law or made a decision regarding their immigration status. They may be held if they have:

• Remained in the country beyond their visa.
• Arrived in the country without documentation.
• Offences or criminal charges that have led to the cancellation of their visa.
• Applied for refugee or asylum status and are pending processing.

Detention is normally short. People are detained in immigration detention centres while their immigration cases are pending. Non-citizens can be arrested by the government in Perth and Australia generally, as permitted by the Migration Act 1958.

Why Does Detention Happen?

Detention can be used to make a person available for removal or processing by immigration. It is also used as a control measure where an individual is considered to pose a threat to security, is otherwise criminal, or is considered likely to abscond if released from the community.

Detention does not necessarily lead to deportation. In most cases, the detained can fight their cancellation of visa, apply for another visa, or be released on certain conditions.

What is Deportation?

Deportation Appeal is the official procedure by which the government removes a foreigner. In most cases, it follows an immigration verdict, e.g. following visa denial or cancellation or major criminal activity, which renders them ineligible to remain in the country.

Once deported, an individual is normally made to have no right of entry to the country for a period of a few years or permanently (depending on the case). You can consult immigration lawyers in Perth if you fail to understand the scenario.

Reasons for Deportation Are:

• Severe criminal offences.
• Threat of terrorism to the country or public order.
• Repeated immigration offences.
• Breach of the conditions of the visa.

Causes of Deportation has long-term implications. Besides losing residential or tourist rights in a country, it is also possible that a person who is deported will never enter any other country ever again.

Difference Between Detention and Deportation

Detention and deportation are similar yet function in different ways within immigration enforcement. Knowing detention vs deportation can assist you in taking the right actions in your legal process.

If you or the individual significant to you is under threat of deportation or detention, then you need to approach expert migration lawyers in Perth. They will examine your situation, assess your likelihood of visa refusal appeals, and investigate all avenues of legal action.

Legal Assistance Can Be the Difference Maker

Australia’s immigration law is complex and constantly changing. In deportation or detention proceedings, one minor mistake or missed deadline can drastically affect your outcome.

This is where skilled migration lawyers in Perth are needed:

• Consideration of refusals or cancellations of visas and provision of advice on potential appeal.
• Application for a bridging visa for humanitarian reasons if detained.
• Filing of appeals to the Administrative Appeals Tribunal or the Federal Court.
• Negotiation with immigration authorities on your behalf.
• Building a sound legal case in case you are deported for criminal reasons.

In the event that you are arrested or you have received a notice of intention to deport, the earlier you take action, the greater your chances of success. Having a lawyer protects your rights and allows all the Visa Application Process steps to be followed as they should be.

Conclusion –

Detention and deportation are serious issues that affect thousands of individuals annually. Detention is usually the first recourse for immigration offences, and deportation is a last resort and sometimes irreversible. An awareness of the most important differences between detention vs deportation will better prepare you to respond and fight for your rights.