By June Ramli
Perth, Aug 17: The Australian government is urging people living in the country without a valid visa to come forward and resolve their immigration status or arrange to leave voluntarily, warning that those who remain unlawfully can ultimately face detention and removal.
In a response to questions from DailyStraits.com, a Department of Home Affairs spokesperson said voluntary departure remained the government’s preferred approach.
“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,” the spokesperson said.
The Department said more people departed Australia voluntarily than were removed from immigration detention.
People whose visas have expired or been cancelled can request an appointment with a Status Resolution Officer for assistance with leaving Australia.
Those unable to pay for their own return may also be eligible for assistance through the Return and Reintegration Assistance Program.
According to Home Affairs, assistance can include organising travel, booking flights, obtaining travel documents and covering associated costs, although applicants must demonstrate that they cannot support their own return.
The Department warned that people who have exhausted all 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.
Home Affairs also outlined potential consequences for people seeking to return to Australia after leaving.
Under Public Interest Criterion 4014, a person who leaves Australia as an unlawful non-citizen, or in certain circumstances as the holder of a Bridging C, D or E visa, may be prevented from obtaining certain visas unless three years have passed since their departure.
A separate three-year exclusion provision, PIC 4013, can apply to people who leave Australia following visa cancellation on specified grounds.
More serious consequences can apply in certain deportation and character cases.
Home Affairs said Special Return Criterion 5001 applies to some people who leave Australia while subject to a deportation order or whose visa was refused or cancelled on character grounds and the decision has not been revoked.
Those individuals are generally permanently excluded from being granted another Australian visa.
The Department also addressed what happens to money held by people leaving Australia.
Individuals can transfer their money electronically before departing or continue accessing an Australian account from overseas.
However, anyone physically 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 when departing.
Home Affairs said locating unlawful non-citizens can also be complicated by outdated personal information, noting that the Department relies on individuals to keep their contact details current.
Visa holders can update their personal and contact information through ImmiAccount.
The Department reiterated that people should comply with their visa conditions and leave Australia before their visas expire.
“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.”
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