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A transgender woman visiting Sydney was sent to an immigration detention center after being informed she would stay in a hotel while awaiting deportation. Instead, Sonia was detained for three days in a male-only facility at Villawood, in western Sydney. She claims she was discriminated against, forced to sign a visa cancellation document, and was not informed of her deportation date back to the Philippines.
So, when does the Australian Border Force (ABF) have the authority to immediately cancel a visa? Under what circumstances are individuals transferred to detention centers before deportation?
This information is general in nature and should not be considered professional advice. As individual circumstances may vary, independent expert consultation is recommended.
Reports of Systemic Discrimination in Immigration Detention
A migrant advocacy group supporting Asian sex workers reported that at least eight transgender individuals have been held at the Villawood Immigration Detention Center since last October. The Filipino transgender woman stated that she faced discrimination at Sydney International Airport in February by the ABF. Her phone was confiscated, and she was not given the “option to refuse.”
“They even accessed my intimate photos with my ex-partner. When they found an email, they isolated me, harassed me, and forced me to sign a visa cancellation document,” she said.
“Operation Inglenook” and Targeting of Asian Trans Women
Migration agent Yusra Al-Haddad, in her podcast The Migration Path, shed light on the role of gender identity in Sonia’s case, linking it to broader systemic issues within Australia’s immigration system. She highlighted Operation Inglenook, launched in 2022 to combat visa fraud and human trafficking, which has been widely criticized for disproportionately targeting migrants from East and Southeast Asia, including transgender women.
Al-Haddad explained:
“Reports indicate that the Australian Border Force may engage in racial and gender-based discrimination by subjecting individuals to heightened scrutiny based on their appearance, gender identity, and assumed occupations.”
She added:
“This case highlights the challenges transgender women face under current policies and the extent to which they are subjected to mistreatment and discrimination in Australian detention centers.”
Human rights organizations argue that such practices reflect a broader pattern of discrimination against transgender individuals in Australia’s immigration system. While these actions are often justified as anti-trafficking measures, they disproportionately target transgender individuals from Asian backgrounds.
Legal Grounds for Immediate Visa Cancellation
Al-Haddad outlined the circumstances under which the ABF can immediately revoke a visa under the Migration Act 1958, including:
- Failure to comply with visa conditions
- Providing false or misleading information
- Posing a risk to public health or safety
- Violating border laws
- Engaging in criminal or suspicious activity
- Failing to meet entry requirements
“If an applicant is found to have provided false or misleading information when applying for a visa or poses a threat to Australian society—whether due to a criminal record or other dangerous behaviors—the ABF has the right to cancel their visa,” Al-Haddad explained.
She further noted:
“Attempting to bring in prohibited items, failing to declare restricted goods upon arrival, engaging in criminal or suspicious activity, or lacking the necessary travel documents can all increase the likelihood of visa cancellation.”
Detention vs. Immediate Deportation
When a person cannot be immediately deported, immigration detention centers are used to ensure they remain under government supervision while awaiting deportation.
Rights and Legal Recourse
When must individuals comply with ABF orders, and when can they seek consular or legal assistance? Can visa cancellation decisions be appealed?
