By June Ramli
Perth, Aug 17: An estimated 8,100 Malaysians were living unlawfully in Australia as at June 30, 2025, making Malaysia the second-largest nationality among people in the country without a valid visa.
The latest Department of Home Affairs figures show an estimated 77,700 unlawful non-citizens were in Australia at the time, excluding people already in held and community detention.
China topped the list with an estimated 12,100 unlawful non-citizens, followed by Malaysia with 8,100 and the United States with 5,500.
Under Australian migration law, an unlawful non-citizen is a non-citizen who does not hold a visa that is in effect.
This can include people who remain in Australia after their visa has expired or been cancelled and whose immigration status has not subsequently been resolved.
In response to questions from DailyStraits.com, the Department of Home Affairs urged people living in Australia without a valid visa to come forward.
“Non-citizens, who do not hold a valid visa, are encouraged to engage with the Department of Home Affairs to regularise their visa status or depart Australia,” a departmental spokesperson said.
The Department said more people depart voluntarily than are removed from detention.
People whose visas have expired or been cancelled can request an appointment with a Status Resolution Officer for assistance to leave Australia.
For those unable to afford their journey home, government assistance may also be available.
Home Affairs said eligible applicants who can demonstrate they cannot support their own return may receive assistance through the Return and Reintegration Assistance Program.
The assistance may include travel logistics, flight bookings, help obtaining travel documents and associated costs.
However, Home Affairs warned that people who have exhausted all outstanding avenues to remain in Australia are expected to leave.
“Those who do not depart are liable for detention and removal from Australia as soon as reasonably practicable, pending resolution of any ongoing migration matters,” the spokesperson said.
Remaining unlawfully in Australia can also have consequences for a person’s ability to return in the future.
Home Affairs said Public Interest Criterion 4014 can apply to a non-citizen who leaves Australia as an unlawful non-citizen or as the holder of a Bridging C, Bridging D or Bridging E visa.
Under the provision, an affected person cannot be granted certain visas unless three years have passed since they left Australia.
PIC 4013 provides for a similar three-year period in certain cases involving people who leave Australia following the cancellation of their visa.
More serious consequences can apply to people subject to deportation orders or certain adverse character decisions.
Home Affairs said Special Return Criterion 5001 generally permanently excludes affected individuals from being granted another visa.
The Department also addressed what happens to an unlawful non-citizen’s money when leaving Australia.
People can transfer their money electronically before departure or continue accessing an Australian account from overseas if they retain access to it.
Anyone carrying more than A$10,000 in cash or bearer negotiable instruments out of Australia must declare it through the AUSTRAC Online Portal or to an Australian Border Force officer on departure.
DailyStraits.com also asked why people can be difficult to locate once they become unlawful when visa applicants originally provide identifying and contact information to Australian authorities.
Home Affairs said the Department relies on individuals to keep their details current.
In some circumstances, maintaining up-to-date information is required under visa conditions or the Migration Act 1958.
However, the Department did not provide answers to several questions specifically concerning Malaysians.
DailyStraits.com asked how long Malaysian unlawful non-citizens typically remain in Australia, the longest known period a Malaysian has remained unlawfully in the country, the visa categories they most commonly held before becoming unlawful and the industries or occupations in which they are most commonly detected working.
The publication also sought figures on the number of Malaysians who had voluntarily departed, been removed or been detained in each of the past five years.
Those Malaysian-specific figures were not provided.
DailyStraits.com has sent further questions to the Department seeking those answers.
For now, Home Affairs says its preference is for people without a lawful basis to remain in Australia to leave voluntarily.
“Non-citizens who do not depart on visa expiry are in breach of Australian immigration laws and subject to detention and removal,” the spokesperson said.
“Voluntary departure, self-funded or with RRAP support, is preferred in all cases.”
Media & PR: editor@dailystraits.com. Copyright 2021–Present DailyStraits.com. All rights reserved.