URGENT

Someone You Love Is in Detention. Here's How to Help Them.

If a family member has been taken into immigration detention, it's terrifying - and right now it probably feels like there's nothing you can do. There usually is. There are real options, but they move on very short timeframes. The most useful thing you can do today is get proper advice fast.

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This is the most time-critical situation in all of migration. The deadlines tied to detention are the shortest in the system - sometimes only a handful of days - and decisions made in the first hours can shape everything that follows. Please don't wait to gather every document or work it all out yourself first. Call us now and we'll tell you what to do straight away.

First - You're Not Powerless

Detention is frightening, but it is rarely the absolute end of the road.

The families who get the strongest outcomes are almost always the ones who get proper help quickly, calmly, and early. The underlying decision that led to detention - whether a visa cancellation, a character matter, or something else - is usually the thing to focus on.

Most often, someone is detained because their visa has been cancelled or refused and they've become unlawful, or because of a cancellation on character grounds. Whatever the trigger, the underlying decision is usually what can be addressed.

What Can Sometimes Be Done

The right path depends entirely on the situation - we'll work it out quickly.

Seeking review of the decision that led to detention, where review rights exist
Requesting that a cancellation be revoked - especially in character cases
Applying for a visa or a bridging visa where the person is eligible
Pursuing ministerial intervention in the right, exceptional case
Bringing in a lawyer where the lawfulness of detention itself is in question

We can't promise any particular outcome, and we won't pretend these cases are easy. What we can do is move fast, find every option that genuinely applies, and act on the most promising one without wasting a day. See also: character cancellation s501 →

The First Days

An action timeline - what tends to matter, and when.

The exact steps depend entirely on why your family member is detained and what review rights apply, so treat this as a general guide rather than a fixed plan. The single point to take from it is that the windows are short, and acting early gives any genuine option a real opportunity to be used before a deadline passes.

When	What tends to matter
First 24 hours	Get proper advice before doing anything else. Find the exact reason for the detention, locate any decision or notice that was served, note the date on it, and confirm where the person is being held. This is the moment to call us so we can work out the fastest lawful step.
Day 2 - 3	With the grounds confirmed, the realistic options can be weighed - depending on the case, that may mean seeking review of the underlying decision, applying for a bridging visa where the person is eligible, requesting revocation of a cancellation, or considering ministerial intervention in an exceptional matter. The most promising path is acted on without delay.
By day 7	Review deadlines tied to detention fall fast. If your family member is in immigration detention, the deadline to apply to the Administrative Review Tribunal (ART) can be as short as 14 days from the date on their decision letter - shorter than the standard timeframe. The date on the individual letter is what counts, so it should be checked the moment it is found.

The deadline on the letter is what governs. The 14-day figure for someone in immigration detention is a guide - your family member's own decision letter states the date that applies to them, and that date is the one to work to. The ART replaced the former AAT and IAA on 14 October 2024. If a deadline has already passed, tell us anyway; there may still be other steps worth exploring, depending on the circumstances.

Common Questions

Detention - urgent questions.

What should I do in the first 24 hours?

Get advice immediately, before anything else. The early hours and days matter enormously because the deadlines tied to detention are so short. Find out the exact reason for the detention, locate any decision or notice that was served, and call us so we can work out the fastest lawful step. The worst thing to do is wait and hope it resolves itself.

Can my family member be released?

In some cases, yes - depending on the circumstances, options may include applying for a bridging visa, seeking review of the underlying decision, or pursuing other grounds. Whether release is possible depends entirely on why they're detained and what's happened so far. We work this out quickly and pursue the most promising path without wasting a day.

Do we need a lawyer or a migration agent?

Sometimes both - and we're honest about which is needed when. For review of the underlying visa decision, a registered migration agent can often handle it. Where the lawfulness of the detention itself is in question, that's legal territory and a lawyer needs to be involved. We assess what's required and refer you to the right person if the matter calls for it.

They're in detention interstate. Can you still help?

Yes. We work with families across Australia and act for people in detention wherever they're held. Most of what needs to happen early on can be done remotely and urgently. Distance isn't the obstacle - time is. The important thing is to reach out now rather than waiting to find someone nearby.

How quickly must I act once my family member is detained?

Hours and days matter most. In the first 24 hours, the priority is to get proper advice, find the notice or decision that was served, confirm the grounds for the detention, and note the date on the letter. By day 2 to 3 the realistic options can be weighed - depending on the case, that may mean a bridging visa where the person is eligible, review of the underlying decision, or ministerial intervention in an exceptional matter. The deadlines tied to detention are among the shortest in the system: if your family member is in immigration detention, the deadline to apply to the Administrative Review Tribunal (ART) can be as short as 14 days from the date on their decision letter. Check that letter the moment you find it - the date on it is what counts.

If they cannot be released, what happens next?

We won't pretend every case ends in release, and we won't promise an outcome - but detention rarely closes off every avenue at once. Depending on the circumstances, there may be interim steps worth pursuing, such as further review options, requesting that a cancellation be revoked, or, where a court matter is appropriate, a legal challenge to the underlying decision. Even where removal is being raised, there can still be steps that affect timing or that keep an avenue open. The honest position is that it depends entirely on the individual situation, which is why getting it assessed quickly matters so much.

What will this cost, and how do you charge for detention cases?

Detention cases vary widely, so fees depend on your circumstances and we quote in writing before any work begins - you can read how we approach this on our fees and how we quote page. Government charges, where any apply, are separate and depend on the step taken. If cost is a barrier, it is worth knowing that free community legal centres and legal aid services exist and may be able to assist in some matters; tell us your situation and we can point you in a sensible direction.

What notice or paperwork should I be looking for?

Look for any written notice or decision that was given to your family member - typically a notice of a visa cancellation or refusal, or a notification that explains why they were detained. The grounds it states and, above all, the date on it are what drive the next steps and any review deadline. Note where the person is being held and gather their personal and visa details too. If you can't locate the paperwork, don't let that stop you calling - we can help work out what was issued and what the deadline is likely to be.

Related Help

Where to from here.

CancellationVisa CancellationIf a cancellation triggered the detention.Character groundsSection 501 CancellationIf character grounds are involved.All appealsVisa Appeals OverviewEvery option after a refusal or cancellation.

Written and reviewed by Brian Chan, Registered Migration Agent (MARN 2217857)

Visa Store Australia, Perth · Last reviewed June 2026 · Verify on the MARA register · General information only, not personal migration advice.

Call us now - every hour can matter.

We move fast on detention cases. Tell us the situation and we'll tell you immediately what steps can be taken.