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Section 197 — Effect of escape from immigration detention

Migration Act 1958 s 197 Australia Compilation: 18 May 2026 Verified: 2026-05-23

Text of provision

If a non-citizen:

(a) was in immigration detention; and

(b) escaped from that detention; and

(c) was taken back into that detention; then, for the purposes of sections 194 and 195, the non-citizen is taken not to have ceased to be in immigration detention. Migration Act 1958 325 Part 2 Arrival, presence and departure of persons Division 7 Detention of unlawful non-citizens

Plain English

Practical effect

Information only. Nothing on this page is immigration advice or legal advice. Only a registered migration agent (MARN) or Australian lawyer may give immigration advice.

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