Section 197 — Migration Act 1958 (Cth)

Effect of escape from immigration detention

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.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 195 — Detainee may apply for visa
s 195A — Minister may grant detainee visa (whether or not on application)
s 196 — Duration of detention
s 197AA — Persons to whom Subdivision applies
s 197AB — Minister may determine that person is to reside at a specified place rather than being held in detention centre etc.
s 197AC — Effect of residence determination

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