How much time do I have to apply for a visa after being held in detention?
Quick Summary
You have two main options: you can apply for a visa within 2 working days of being detained, or you can write to an officer to extend that window. If you write to them within those first 2 working days, you get an additional 5 working days to submit your application.
The situation
I am currently being held at an immigration detention centre in Brisbane, Queensland. Everything changed on Tuesday, the 14th of May, when the officers informed me that my previous arrangements had ended and I was now officially being detained under their control. Since that day, I have been feeling very anxious about my future in Australia. I really want to lodge an application for a new visa so I can stay here with my family, but I am confused about the deadline. I spoke to a staff member yesterday, Wednesday, but they didn't give me a clear answer about how many days I have left to get my paperwork sorted. I have already started gathering my documents and my family is helping me from outside, but I am terrified that if I miss a specific window, I will be stuck here forever or only allowed to apply for a bridging visa. If I write a letter to the officers today, Thursday, stating that I intend to apply, does that give me more time than if I just submit the application immediately? I need to know exactly how many working days I have from the 14th of May to make sure I don't lose my chance.
Detailed Analysis
Under the Migration Act 1958, there are strict time limits for when you can apply for a visa once you are in detention. Because you were informed your detention officially began on Tuesday, 14 May, your countdown has started.
There are two ways to handle your application timing. First, you can apply directly "within 2 working days after the day on which section 194 was complied with in relation to his or her detention"[1]. This means you have a very short window to submit your paperwork.
Second, you can extend this window by notifying the authorities. The law states that "if he or she informs an officer in writing within those 2 working days of his or her intention to so apply—within the next 5 working days after those 2 working days"[1]. This means that if you write a letter to the officers today (Thursday) stating you intend to apply, you are using this second option. This letter must be delivered within the first 2 working days to be valid. If you do this correctly, you will have a total of 7 working days from the start of your detention to get your application submitted.
It is very important to meet these deadlines. If you do not apply within these allowed timeframes, the law says "a detainee who does not apply for a visa within the time allowed... may not apply for a visa, other than a bridging visa or a protection visa"[1]. A bridging visa is a temporary visa that allows you to stay in Australia while another visa application is being processed.
Note that the law does not specify exactly how 'working days' are calculated (for example, whether public holidays in Queensland are excluded), which could affect your exact deadline.
Statutory Citations
Legal Citation: Migration Act 1958 § Section 195 — Detainee may apply for visa
"A detainee may apply for a visa: (a) within 2 working days after the day on which section 194 was complied with in relation to his or her detention; or (b) if he or she informs an officer in writing within those 2 working days of his or her intention to so apply—within the next 5 working days after those 2 working days."View Official Legislation →
Legal Citation: Migration Act 1958 § Section 256 — Person in immigration detention may have access to certain advice, facilities etc.
"the person responsible for his or her immigration detention shall, at the request of the person in immigration detention, give to him or her application forms for a visa or afford to him or her all reasonable facilities for... obtaining legal advice"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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