Section 176 — Officer may detain non-citizen on certain grounds
Text of provision
This Division is enacted because the Parliament considers that it is in the national interest that each non-citizen who is a designated person should be kept in immigration detention until he or she:
(a) leaves Australia; or
(b) is given a visa.
Plain English
Section 176 provides that an officer may detain a non-citizen without a warrant if the officer reasonably suspects the person is an unlawful non-citizen or if the person's visa has been or is being cancelled at the border. This provision supplements the mandatory detention obligation in s 189, which requires officers to detain unlawful non-citizens who are discovered rather than merely suspected.
Practical effect
Section 176 authorises temporary detention while the person's status is being verified. Once it is confirmed that the person is an unlawful non-citizen, the mandatory detention obligation under s 189 takes over. Practitioners dealing with persons detained under s 176 should act quickly to clarify status and, where appropriate, apply for a bridging visa to regularise the person's status and secure their release.