Chart 1: Number of people in detention and average length of detention (during month of
June 2013–2023)22
800
742
9256
720
10000
711
673
640
9000
8000
551
560
467
459
480
7000
485
6000
436
405
400
350
5000
320
3624
4000
3000
240
160
2013
81
1577
1347
1262
1352
1523
1492
1398
80
0
2013
2014
2015
2016
2017
2018
Average length of time in detention
2.3 Reasons for detention
Historically, asylum seekers who arrived by boat
have typically comprised the majority of people in
closed immigration detention. Since the beginning
of 2014, this group has progressively comprised a
smaller proportion of the detention population.
At the same time, the number of people in detention
due to cancellation of their visas has increased.
This increase has been largely due to legislative
amendments that broadened the scope of s 501 of
the Migration Act.23 Section 501 allows the Minister
or their delegate to refuse or cancel a visa on the
basis that a person does not pass the ‘character
test’. The legislative amendments introduced
mandatory visa cancellations for people who have
a ‘substantial criminal record’ or have committed
2019
2020
2021
2022
2000
1114
2023
1000
0
Number of people in detention
a sexually based offence involving a child, and are
serving a full-time term of imprisonment for an
offence against an Australian law.24
The Department has reported that from the time
this legislative amendment came into effect on
11 December 2014 until 31 March 2016, there
had been 1152 mandatory cancellations under
s 501(3A).25 The Commonwealth Ombudsman
commented in 2016 that it was ‘apparent… that the
number of persons subject to cancellation under
s 501 was underestimated prior to the passage of
the legislation’.26
Throughout 2023, people detained due to the
cancellation of their visa under s 501 consistently
comprised near to, and over, 60% of the overall
detention population.27
Yongah Hill Immigration Detention Centre Inspection Report • 2024 • 13