Unauthorised maritime arrival
Statutory definition
Section 5AA of the Migration Act 1958 (Cth) provides that a person is an unauthorised maritime arrival if the person: (a) entered Australia by sea (otherwise than at a port); (b) entered Australia at a port by sea but without the permission of an officer; or (c) is a transitory person.
The definition captures persons who arrive by boat without a valid visa and without prior immigration clearance. It does not apply to persons who arrive by air without a visa (who are "unauthorised air arrivals" under separate provisions).
Explanation
An unauthorised maritime arrival (UMA) is a non-citizen who arrives in Australia by sea without a valid visa or immigration clearance. The status is significant because it triggers a specific, more restrictive regime under the Migration Act that limits the visa classes a UMA may apply for.
Key consequences of UMA status:
- No valid visa application onshore — under s 46A, a UMA who is an unlawful non-citizen cannot make a valid visa application (including for a protection visa) unless the Minister lifts the bar by personal exercise of power
- Offshore processing — UMAs may be taken to a regional processing country (currently Papua New Guinea or Nauru) rather than being assessed in Australia
- Temporary Protection Visa (TPV) — UMAs who do engage Australia's protection obligations may be granted a Subclass 785 TPV rather than the Subclass 866 permanent protection visa
The status attaches to the manner of arrival, not the person's ultimate protection status. A UMA may have a valid refugee claim — the status simply determines the procedural pathway available to have that claim assessed.
How this term is used
The UMA definition was introduced as part of the broader offshore processing framework. The term interacts with the migration zone concept — a person who arrives at an excised offshore place (such as Christmas Island) enters the migration zone but is treated for visa application purposes as if they had not entered Australia.
Australian Border Force officers have power to turn back or take to sea vessels carrying UMAs in certain circumstances. The exercise of these powers is governed by operational instructions and subject to the limits of the Act and international law.
In Plaintiff M70/2011 v Minister for Immigration and Citizenship (2011) 244 CLR 144, the High Court examined the lawfulness of the Malaysia Solution (a proposed arrangement to send UMAs to Malaysia for processing), ultimately finding it unlawful. The case remains a significant authority on the limits of the offshore processing regime.