Is this your situation?
You have been told you will be removed from Australia. Or you are in immigration detention and removal proceedings are underway. The Department may already be arranging travel documents and flights. You want to know whether there is anything you can do to stop or delay the process, or whether it is too late.
How removal works in Australia
The Migration Act requires the Department to remove unlawful non-citizens from Australia as soon as “reasonably practicable.” This is different from “deportation,” which is a specific power used against certain permanent residents or long-term visa holders who have committed serious crimes.
In practice, removal involves the Department obtaining travel documents (from your country of citizenship if you do not have a passport), booking flights, and escorting you to the airport. You may be held in immigration detention during this entire process. The length of detention varies: some people are in detention for days, others for months or years depending on their circumstances and any legal proceedings.
Options that may still exist
Even at a late stage, some avenues may remain.
Ministerial intervention. You can request that the Minister intervene under section 48B (to lift the section 48 bar and allow a visa application), section 195A (to grant a visa to a person in detention), section 351 or 417 (to substitute a more favourable decision), or section 501C (to revoke a character cancellation). These are discretionary powers. The Minister is not required to exercise them, but they represent genuine last-resort options.
Judicial review. If there was a legal error in the decision that led to your current situation (a procedural failure, a denial of natural justice, a misapplication of the law), you may be able to seek judicial review in the Federal Circuit and Family Court. Judicial review can result in an injunction that prevents removal while the case is heard.
Non-refoulement obligations. If you face persecution, torture, or serious harm in your home country, Australia has obligations under international law not to return you to that harm. This may support a protection visa application or a ministerial intervention request based on Australia’s protection obligations.
How Bullseye Consultant can help
Removal and detention matters are among the most urgent and serious cases Bullseye Consultant handles. Amanpreet Bhangoo (MARN 1573884) can assess whether you have any remaining legal avenues and act quickly if time is critical.
Call 0416 965 968 immediately.
FAQ
Q: Can the Department remove me while I have an active court case?
Generally no. If you have a valid application before the ART, a court injunction, or a pending judicial review proceeding, removal should be stayed. But this depends on the specific circumstances and whether proper orders are in place.
Q: Will I get a ban from returning to Australia?
In most cases, yes. Unlawful non-citizens who are removed face a re-entry exclusion period. This is typically 3 years if departure was voluntary or facilitated, or longer if removal was enforced. Section 501 cancellations can result in permanent exclusion.
Q: Can I contact my embassy or consulate while in detention?
Yes. You have the right to contact your country’s consular representatives while in detention. You also have the right to contact a migration agent or lawyer.
