Detention Vs Deportation – Difference between the two

It is difficult to understand the immigration laws, and when one speaks of words such as detention and deportation, it becomes even more difficult. The words are used together and also interchangeably at times, yet the two are distinct processes in the immigration system. Detention vs deportation is something that needs to be understood if one is working with immigration concerns because it has to do with your immigration remedy, rights, and future.

Here in this blog, we clarify the primary difference between detention and deportation, what both mean and how Perth Immigration Lawyer can help you or your loved one during such desperate times.

What is Immigration Detention?

Immigration detention is where immigration authorities detain non-citizens. This typically happens when the individual has been found to have violated immigration law or made a decision on their immigration status. They can be detained if they have:

• Stayed in the country beyond their visa.
• Entered the country without documents.
• Offences or criminal charges that have caused their visa to be cancelled.
• Applied for asylum or refugee status and are waiting to be processed.

Detention is typically short-term. Individuals are detained in immigration detention centres while their immigration matters are under consideration. Non-citizens may be detained by the government in Perth and Australia as a whole, as authorised under the Migration Act 1958.

Why Does Detention Occur?

Detention can be utilised to keep a person available for removal or processing by immigration. Detention is also utilised as a control mechanism in which an individual is found to be a threat to security, has a history of criminality, or is found likely to abscond if released into the community.

Detention does not always result in deportation. In the majority of instances, the detained can battle their cancellation of visa, file for another visa, or be released under some conditions.

What is Deportation?

Deportation, or expulsion, is the official removal by the state of a non-citizen. It is most commonly following an immigration decision, for example, consequences of a visa refusal or cancellation or after one commits a serious crime, rendering them ineligible to remain in the country.

Upon deportation, an individual is usually prohibited from entering the country again for a certain number of years or for life, depending on the case.

Reasons for Deportation Include:

• Severe criminal convictions.
• Terrorism threats to the nation or public order.
• Repeated immigration violations.
• Breach of visa conditions.

Deportation has long-term effects. Along with losing residence or tourist status, deported individuals can be prohibited from visiting other nations in the future as well.

Difference between Detention and Deportation

While detention and deportation are related, they play different functions in immigration enforcement. Understanding the comparison of detention vs deportation can help you take the proper steps in your legal journey.

If you or the person important to you is in danger of deportation or detention, you must consult specialist immigration lawyers in Perth. They will review your case, evaluate your chance of visa refusal appeals, and examine all channels of legal recourse.

Legal Help Can Be the Game Changer

Australia’s immigration legislation is complex and in continuous evolution. In detention or deportation proceedings, a single minor error or failure to meet a deadline can have a profound effect on your result.

This is where experienced immigration lawyers come in:

• Consideration of visa refusals or cancellations and advice on possible appeal.
• Application for a bridging visa or humanitarian grounds when detained.
• Lodging of appeals to the Administrative Appeals Tribunal or the Federal Court.
• Negotiation with immigration officials on your behalf.
• Developing a sound legal defence, should you be deported on criminal grounds.

In case you are detained or you have been served a notice of intent to deport, the sooner you act, the better your chances of winning. Having a lawyer shields your rights and ensures that all the Visa Application Process steps are observed as they ought to be.

Conclusion

Detention and deportation are serious matters that impact thousands of people every year. Detention is generally the first recourse to immigration offences, and deportation is a final, often irreversible option. Familiarity with the most critical distinctions between detention vs deportation will put you in a better position to prepare, react, and advocate for your rights.