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Immigration Directive No. 1 of 2024active

Implementation of Constitutional Court Order - Immigration Detention Rights

Minister of Home AffairsIssued: 5 March 2024Effective: 5 March 2024Gazette: 50257

Summary

Implements Constitutional Court rulings on immigration detention. Requires detainees to be brought before court within 48 hours and informed of their rights.

Full Detail

Following Constitutional Court judgments finding that Section 34(1) of the Immigration Act was insufficient in protecting detained foreign nationals' rights, this directive requires: 1. Any illegal foreigner detained under Section 34(1) must be brought before a court IN PERSON within 48 hours. 2. Detainees must be informed of their rights including the right to legal representation. 3. Right to appeal deportation decisions to the Director-General within 10 working days. 4. Right to make representations to the Magistrate Court within 48 hours of arrest. 5. Automatic judicial review before 30 days of detention.

Impact on Applications

Strengthens rights of detained foreign nationals. Aligns immigration detention with constitutional requirements.

Official Source Document

Download or view the original directive document.

Affected Visa Types

Tags

detentionconstitutional_courtrightsdeportationsection_34