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ISSUE NO. 19
February 2026
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Legal Corner

Be Prepared: New Restrictions on Mobile Phones in Immigration Detention

New laws give detention officers broader powers to confiscate phones and internet devices. Here’s what’s changing, how it may affect you, and how to prepare before entering immigration detention.

By
Josephine Langbien

Josephine is an Associate Legal Director at the Human Rights Law Centre.

Ethan Cassidy

New laws mean that immigration detention officers can now confiscate things like mobile phones, iPads and laptops, which were previously allowed in detention centres. If you’re facing time in immigration detention at the end of your sentence, this article gives some practical tips to prepare for the new rules before you go.

Prison and immigration detention – what’s the difference?

For many people in prison who are not Australian citizens, getting parole or finishing a sentence doesn’t mean going home – it means moving to immigration detention. People are held in immigration detention while they fight to get their visa back or wait to be deported. Immigration detention is not supposed to be a punishment, so there are different rules to prisons. That’s why mobile phones and internet access have previously been allowed – but the rules are changing.

New powers to take away mobile phones

New laws allow the Government to decide that certain items can be confiscated from people in immigration detention. It can be anything the Government believes is a risk to the health, safety or security of people (or staff) in detention, or threatens the ‘order’ of the detention centre.

Once the Government has decided that a particular thing is dangerous, detention officers then have the power to search people and confiscate the item if they think it is a risk. This includes using strip searches or searches with dogs.

Some items like weapons were already banned. But in November 2025, the Government decided that the following items can also be searched for
and confiscated:

  • mobile phones;
  • SIM cards;
  • devices that have the internet, including tablets and computers; and
  • alcohol.

This does not mean that mobile phones or computers are automatically banned for everyone. So far, they have only been taken away from some people. But the Government could decide to ban them entirely, or for certain groups of people, at any time. Other items might be banned in future too.

What difference will this make?

Mobile phones and the internet help people in detention to pass the time, keep in touch with family and friends, and work on their legal cases to get their visa back. People have also used camera phones to report poor conditions and mistreatment in detention to journalists or social media. And mobile phones let people call for urgent help if they are about to be deported.

Detention officers have a lot of power to decide who gets to keep a mobile phone and who does not. It’s easy to see how that power might be misused.

What are my rights?

Despite the new laws, people in detention still have important rights:

  1. Right to contact a lawyer: People in detention have the right to contact a lawyer to get advice about their visa. Officers cannot take away your mobile phone just to stop you from talking to your lawyer.
  2. Right to express political views: People in detention have the right to communicate about political issues. That might involve talking on the phone, posting online or participating in protests about your political views or your opinion on government laws and policies. Detention officers cannot interfere with that communication without
    a good reason.
  3. Right to access alternative means of communication: If officers take away your phone or computer, they must provide you with another way to contact your immediate family and your lawyer, or to communicate your political views.

What should I do?

Before you go to immigration detention, you should write down on paper:

  • phone numbers for family and friends;
  • phone number and email address for your lawyer or the free legal service in your State or Territory;
  • other important information that might be stored in your phone, like passwords.

Once you are in immigration detention, if an officer confiscates your phone, computer or other device, you should:

  1. Ask why the item has been taken from you.
  2. Ask for the item to be returned to you. If the officer doesn’t give it back, then ask why – they must have a reason to hold onto your property.
  3. Ask what other method of communication will be made available to you. Ask for access to a phone during business hours so you can get legal advice about what has happened.
  4. Make notes about what has happened. Write down what the officers said in answer to your questions.
  5. Call a migration lawyer to get advice (phone numbers below).

Getting familiar with these new rules now might help you to stand up for your rights when you arrive in immigration detention.

Legal services assisting people in detention

Asylum Seeker Resource Centre

Ph: (03) 9274 9889 (Monday, Tuesday, Thursday: 10am-12:45pm)

legal@asrc.org.au

Refugee Legal

Ph: (03) 9413 0101 (Monday-Friday: 9am-5pm)

Refugee Advice and Casework Service

Ph: (02) 8355 7227 (Monday-Friday: 10am-1pm and 2pm-4pm)

admin@racs.org.au

Victoria Legal Aid

Ph: 1300 792 387 (Monday-Friday: 8am – 6pm)

NSW Legal Aid

Ph: (02) 9219 5790 (select option 1) or 1300 888 529 (Law Access) (Monday-Friday: 9am- 5pm)

New laws mean that immigration detention officers can now confiscate things like mobile phones, iPads and laptops, which were previously allowed in detention centres. If you’re facing time in immigration detention at the end of your sentence, this article gives some practical tips to prepare for the new rules before you go.

Prison and immigration detention – what’s the difference?

For many people in prison who are not Australian citizens, getting parole or finishing a sentence doesn’t mean going home – it means moving to immigration detention. People are held in immigration detention while they fight to get their visa back or wait to be deported. Immigration detention is not supposed to be a punishment, so there are different rules to prisons. That’s why mobile phones and internet access have previously been allowed – but the rules are changing.

New powers to take away mobile phones

New laws allow the Government to decide that certain items can be confiscated from people in immigration detention. It can be anything the Government believes is a risk to the health, safety or security of people (or staff) in detention, or threatens the ‘order’ of the detention centre.

Once the Government has decided that a particular thing is dangerous, detention officers then have the power to search people and confiscate the item if they think it is a risk. This includes using strip searches or searches with dogs.

Some items like weapons were already banned. But in November 2025, the Government decided that the following items can also be searched for
and confiscated:

  • mobile phones;
  • SIM cards;
  • devices that have the internet, including tablets and computers; and
  • alcohol.

This does not mean that mobile phones or computers are automatically banned for everyone. So far, they have only been taken away from some people. But the Government could decide to ban them entirely, or for certain groups of people, at any time. Other items might be banned in future too.

What difference will this make?

Mobile phones and the internet help people in detention to pass the time, keep in touch with family and friends, and work on their legal cases to get their visa back. People have also used camera phones to report poor conditions and mistreatment in detention to journalists or social media. And mobile phones let people call for urgent help if they are about to be deported.

Detention officers have a lot of power to decide who gets to keep a mobile phone and who does not. It’s easy to see how that power might be misused.

What are my rights?

Despite the new laws, people in detention still have important rights:

  1. Right to contact a lawyer: People in detention have the right to contact a lawyer to get advice about their visa. Officers cannot take away your mobile phone just to stop you from talking to your lawyer.
  2. Right to express political views: People in detention have the right to communicate about political issues. That might involve talking on the phone, posting online or participating in protests about your political views or your opinion on government laws and policies. Detention officers cannot interfere with that communication without
    a good reason.
  3. Right to access alternative means of communication: If officers take away your phone or computer, they must provide you with another way to contact your immediate family and your lawyer, or to communicate your political views.

What should I do?

Before you go to immigration detention, you should write down on paper:

  • phone numbers for family and friends;
  • phone number and email address for your lawyer or the free legal service in your State or Territory;
  • other important information that might be stored in your phone, like passwords.

Once you are in immigration detention, if an officer confiscates your phone, computer or other device, you should:

  1. Ask why the item has been taken from you.
  2. Ask for the item to be returned to you. If the officer doesn’t give it back, then ask why – they must have a reason to hold onto your property.
  3. Ask what other method of communication will be made available to you. Ask for access to a phone during business hours so you can get legal advice about what has happened.
  4. Make notes about what has happened. Write down what the officers said in answer to your questions.
  5. Call a migration lawyer to get advice (phone numbers below).

Getting familiar with these new rules now might help you to stand up for your rights when you arrive in immigration detention.

Legal services assisting people in detention

Asylum Seeker Resource Centre

Ph: (03) 9274 9889 (Monday, Tuesday, Thursday: 10am-12:45pm)

legal@asrc.org.au

Refugee Legal

Ph: (03) 9413 0101 (Monday-Friday: 9am-5pm)

Refugee Advice and Casework Service

Ph: (02) 8355 7227 (Monday-Friday: 10am-1pm and 2pm-4pm)

admin@racs.org.au

Victoria Legal Aid

Ph: 1300 792 387 (Monday-Friday: 8am – 6pm)

NSW Legal Aid

Ph: (02) 9219 5790 (select option 1) or 1300 888 529 (Law Access) (Monday-Friday: 9am- 5pm)

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