Australia

I overstayed my visa by two weeks. Can I be detained and deported immediately?

2 weeks

Overstay duration

3 years

Re-entry ban if removed

72 hours

Max detention without review

s. 189

Mandatory detention section

The Short Answer

No, you cannot be detained and deported immediately just for a two-week overstay — but you become an unlawful non-citizen and may be detained or removed after due process under the Migration Act.

What the Law Says

Under Australian migration law, overstaying your visa—even by a short period—means you automatically become an 'unlawful non-citizen'. This triggers mandatory detention powers and potential removal, but not instant deportation.

Once your visa expires, you are no longer lawfully in Australia. Section 14 of the Migration Act 1958 (Cth) defines an 'unlawful non-citizen' as a non-citizen who is in Australia without a valid visa. Your two-week overstay means you fall into this category from day one after expiry.

Section 189(1) requires immigration officers to detain any unlawful non-citizen 'as soon as reasonably practicable' — but this does not mean immediate or automatic detention. Officers have discretion on timing and circumstances, and detention must comply with procedural safeguards.

Removal is governed by section 198, which permits the Minister or delegate to remove an unlawful non-citizen 'as soon as reasonably practicable'. However, removal cannot occur until identity is confirmed, travel documents arranged, and any applicable legal processes (e.g., protection claims or ministerial intervention requests) are considered.

Importantly, even short overstays can trigger a three-year exclusion period under section 48B if you are removed — meaning you’ll be barred from applying for most visas for three years unless granted special permission.

Statutory Text
A non-citizen in the migration zone who is not a lawful non-citizen is an unlawful non-citizen.
— Migration Act 1958 (Cth), s. 14 — Definition of unlawful non-citizen

Statutory Text
An officer must detain an unlawful non-citizen if the officer knows or reasonably suspects that the person is an unlawful non-citizen.
— Migration Act 1958 (Cth), s. 189(1) — Detention of unlawful non-citizens

Statutory Text
An unlawful non-citizen must be removed from Australia as soon as reasonably practicable.
— Migration Act 1958 (Cth), s. 198(1) — Removal of unlawful non-citizens

What to Do

Check your current visa status online via ImmiAccount or the Visa Entitlement Verification Online (VEVO) system.

Contact the Department of Home Affairs immediately to explain your overstay and ask about options — including applying for a Bridging Visa E (BVE) to legalise your status temporarily.

If detained, request a review of detention by the Administrative Appeals Tribunal (AAT) within 72 hours — detention beyond that requires lawful justification.

Seek advice from a registered migration agent or community legal centre before making any visa applications or statements to officials.

Sources

statuteMigration Act 1958 (Cth), s. 14 — Definition of unlawful non-citizen statuteMigration Act 1958 (Cth), s. 189 — Detention of unlawful non-citizens statuteMigration Act 1958 (Cth), s. 198 — Removal of unlawful non-citizens

Same Question, Other Jurisdictions

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.