Community detention
Statutory definition
Section 197AB of the Migration Act 1958 (Cth) allows the Minister to make a residence determination specifying that a detainee is to reside at a specified place rather than in an immigration detention centre. A residence determination is a form of immigration detention — the person remains legally detained but is not held in a facility.
Explanation
Community detention is used primarily for vulnerable detainees, including unaccompanied minors, families with children, and persons with significant health or mental health concerns. It allows detention to continue while avoiding the harms associated with facility-based detention.
Persons in community detention are still subject to immigration detention conditions. They cannot work (unless separately authorised), must reside at the specified address, and are subject to reporting obligations. Breach of conditions can result in return to a detention facility.
Community detention is a Ministerial discretion — there is no right to community detention and no merits review of a refusal to make a residence determination.
How this term is used
Community detention is distinct from being released on a bridging visa. A person on a bridging visa is a lawful non-citizen and is no longer in immigration detention. A person in community detention remains legally detained, which has consequences for access to Medicare, work rights, and other entitlements.