Duration of detention
act-s196 — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

196 Duration of detention
          (1) An unlawful non-citizen detained under section 189 must be kept
              in immigration detention until:
                (a) he or she is removed from Australia under section 198 or
                    199; or
               (aa) an officer begins to deal with the non-citizen under
                    subsection 198AD(3); or
                (b) he or she is deported under section 200; or
                (c) he or she is granted a visa.
          (2) To avoid doubt, subsection (1) does not prevent the release from
              immigration detention of a citizen or a lawful non-citizen.
          (3) To avoid doubt, subsection (1) prevents the release, even by a
              court, of an unlawful non-citizen from detention (otherwise than as
              referred to in paragraph (1)(a), (aa) or (b)) unless the non-citizen
              has been granted a visa.










          (4) Subject to paragraphs (1)(a), (b) and (c), if the person is detained as
              a result of the cancellation of his or her visa under section 501,
              501A, 501B, 501BA or 501F, the detention is to continue unless a
              court finally determines that the detention is unlawful, or that the
              person detained is not an unlawful non-citizen.
        (4A) Subject to paragraphs (1)(a), (b) and (c), if the person is detained
             pending his or her deportation under section 200, the detention is to
             continue unless a court finally determines that the detention is
             unlawful.
          (5) To avoid doubt, subsection (4) or (4A) applies:
               (a) whether or not there is a real likelihood of the person
                   detained being removed from Australia under section 198 or
                   199, or deported under section 200, in the reasonably
                   foreseeable future; and
               (b) whether or not a visa decision relating to the person detained
                   is, or may be, unlawful.
        (5A) Subsections (4) and (4A) do not affect by implication the
             continuation of the detention of a person to whom those
             subsections do not apply.
          (6) This section has effect despite any other law.
          (7) In this section:
               visa decision means a decision relating to a visa (including a
               decision not to grant the visa, to cancel the visa or not to reinstate
               the visa).