2. NAT10861002 Advocate for clients in need of legal assistance

2.6. Immigration Detention

In Australia, Immigration Law is governed by Commonwealth legislation. If a person from another country is in Australia without a valid visa then they may be detained in immigration detention[1].  The key piece of legislation that deals with this area of law is the Migration Act 1958 (Cth) and the Migration Regulations1994 (Cth). 

In these cases, you may need to advocate on behalf of or assist your client with a range of issues. For example:-

  • You or the family may have a welfare concern about a client held in detention.
  • Your client may need to get some legal advice about their visa application.
  • Your client may need some assistance in accessing support services.
  • There may be an allegation of mistreatment whilst in detention.