Government Announces Stricter Measures Targeting 77,000 Visa Overstayers
Targeting an estimated 77,000 visa overstayers currently in Australia, the government is rolling back to pre-2015 enforcement strategies. The goal is to drive immediate behavioural change and encourage overstayers to resolve their status or leave the country voluntarily. If your visa has expired, here is what you need to know about the latest enforcement measures.
Return to Pre-2015 Enforcement Strategies
Minister Burke confirmed that the Department of Home Affairs (DoHA) will return to a process of immediate detention followed by voluntary departure within a matter of weeks. Historically, this swift processing model proved a strong deterrent for those considering overstaying their visa. While the Minister explicitly stated that the government will not resort to "raid-style" enforcement tactics, the message is clear: the tolerance for remaining in Australia unlawfully is drastically decreasing.
Significant Boost in Compliance Resourcing
To execute this crackdown, the government is heavily investing in its compliance and enforcement infrastructure. The Department is deploying:
100 additional compliance officers dedicated to identifying and tracking down unlawful non-citizens.
250 additional detention beds to facilitate the rapid detention and departure process.
Notably, the government is considering repurposing a former quarantine facility in Melbourne to house these visa overstayers.
Separation from Criminal Deportees
Since the introduction of mandatory visa cancellations under Section 501 (Character Test) in 2015, the population of Australian immigration detention centres has fundamentally changed. Today, these facilities are largely occupied by individuals with criminal records awaiting deportation.
Minister Burke noted that the government does not want to confine simple overstayers with hardened criminals. By utilising separate facilities, such as the proposed Melbourne site, the Department aims to process administrative overstayers quickly and safely, while maintaining the pressure needed to encourage voluntary departure.
Related: I'm in Immigration Detention, Can I Still Get A Visa?
What Should You Do If Your Visa Has Expired?
If you are currently in Australia without a valid visa, you are classified as an unlawful non-citizen. Under the Migration Act 1958, if compliance officers locate you, you are subject to mandatory detention.
Waiting for compliance officers to find you restricts your options and often leads to prolonged exclusion periods (bans) from returning to Australia. However, if you proactively engage with the Department, often by applying for a Bridging Visa E (BVE) (Subclass 050) to regularise your status while you make arrangements to depart or apply for another visa, you can avoid detention and maintain more control over your situation.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
What are the Consequences of Breaching Visa Conditions on Future Applications?
What is Deportation and Removal from Australia, and How Does It Work?
How Can Agape Henry Crux Help
If you need professional help finding the best visa pathway for your circumstances, contact one of our immigration lawyers. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers for professional advice by calling 02-8310 5230 or emailing info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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