Australian Immigration Detention Costs Increase in 2026: What the New Daily Maintenance Amount Means?

The Australian Government has introduced a new daily maintenance amount for certain people held in immigration detention. From 1 July 2026, the daily amount will increase from $538.79 to $702.31 per day.

At first, this may sound like every person in immigration detention must now pay more than $700 per day. However, that is not correct.

This change only applies to limited categories of people who are legally liable to repay detention costs under the Migration Act 1958. It does not apply to most ordinary immigration detainees, visa applicants, overstayers, or people waiting for immigration decisions.

In this blog, we explain the new 2026 detention cost determination in simple terms, who it affects, what the amount covers, and why it matters.

What Is the Migration Daily Maintenance Amount?

The daily maintenance amount is the amount the Australian Government can use to calculate detention costs for certain people who must legally repay the Commonwealth.

Under section 262 of the Migration Act 1958, the government can determine a daily amount for the cost of keeping a person in immigration detention.

The new instrument is called the:

Migration (Daily Maintenance Amount for Persons in Detention) Determination 2026

It updates the previous 2024 determination and sets a new daily rate for the period from 1 July 2026 to 30 June 2028.

Key Change: Daily Detention Cost Increases to $702.31

The main change is the increase in the daily maintenance amount.

This means the daily amount increases by approximately 30.4%.

For example, if a person falls within the limited liable category and remains in detention for 10 days after 1 July 2026, the amount may be calculated as:

Therefore, the longer a liable person remains in detention, the higher the total amount may become.

Does This Apply to All Immigration Detainees?

No. This is the most important point.

The new daily maintenance amount does not apply to ordinary immigration detainees generally.

Since the Migration Amendment (Abolishing Detention Debt) Act 2009, detention debt was abolished for most immigration detainees. As a result, most people in immigration detention do not become liable for daily detention costs simply because they are detained.

This means the new rate generally does not apply to people detained because of ordinary immigration matters, such as:

However, every case depends on its facts. People with concerns about detention, visa cancellation, removal, or liability should seek legal advice.

Who Does the New Daily Amount Apply To?

The new daily maintenance amount mainly applies to specific categories of people connected with certain offences.

These include:

Therefore, this determination targets specific offence-related circumstances. It does not create a general detention fee for all migrants.

What Does the $702.31 Per Day Cover?

According to the explanatory statement, the new daily amount reflects the minimum direct cost to the Commonwealth of immigration detention.

The amount may include costs such as:

Importantly, the Department says the amount does not include broader indirect departmental costs. It also states that the amount does not exceed the actual cost of detention, as required by the Migration Act.

When Does the New Rate Start?

The new rate starts on:

1 July 2026

It applies until:

30 June 2028

This means the $702.31 daily amount applies to detention occurring during this two-year period.

What Happens If Detention Covers Both Periods?

Some detention periods may start before 1 July 2026 and continue after that date. In that case, different rates may apply to different days.

For example, if a liable person spends 5 days in detention before 1 July 2026 and 5 days after 1 July 2026, the amount may be calculated using both rates.

This example shows how the date of detention can affect the total amount.

Which Detention Centres Are Covered?

The determination applies to approved immigration detention places. These include:

These centres form part of Australia’s immigration detention network.

Why Did the Government Increase the Amount?

The Department explains that the new amount reflects updated detention costs. In other words, the government reviewed the direct costs of immigration detention and adjusted the daily amount accordingly.

The increase from $538.79 to $702.31 per day suggests that detention-related operating costs have risen significantly.

However, the Department did not conduct public consultation. It stated that the determination updates costs using an existing methodology and does not materially change the detention framework.

Why Was There No Public Consultation?

The explanatory statement says public consultation did not take place because the instrument only updates the cost amount using the existing method.

In simple terms, the Department treated this as a technical cost update rather than a major policy change.

However, the increase remains significant because the daily amount has increased by about 30.4%.

What Does This Mean for Visa Applicants?

For most visa applicants, this change will not have a direct impact.

It does not mean that a person applying for a partner visa, student visa, skilled visa, protection visa, visitor visa, or bridging visa will automatically face detention debt if something goes wrong with their application.

It also does not mean that every person in immigration detention will receive a bill for $702.31 per day.

Instead, the change mainly affects people who fall within the limited liable categories, such as convicted people smugglers and certain illegal foreign fishing offenders.

Why This News Still Matters

Although the determination does not apply to most migrants, it still matters for several reasons.

First, it shows that the cost of immigration detention has increased sharply. A 30.4% increase is substantial.

Second, it confirms that Australia still has specific detention cost recovery rules for limited offence-related categories.

Third, it may affect certain criminal, migration, maritime, and enforcement matters where detention cost liability becomes an issue.

Finally, it helps migration professionals, legal practitioners, and affected individuals understand the financial consequences that may arise in specific detention-related cases.

Common Misunderstandings About the 2026 Detention Cost Increase

Because the headline figure is high, people may misunderstand the change. Here are some common misconceptions.

Simple Summary

The new 2026 determination increases the daily immigration detention maintenance amount to $702.31 per day.

However, it is important to understand the limited scope of the change.

The new amount:

• starts on 1 July 2026
• applies until 30 June 2028
• replaces the previous rate of $538.79 per day
• represents an increase of about 30.4%
• applies only to limited legally liable categories
• does not apply to ordinary immigration detainees generally
• mainly affects convicted people smugglers, illegal foreign fishing offenders, and certain connected parties

Final Thoughts

The Migration (Daily Maintenance Amount for Persons in Detention) Determination 2026 does not create a new detention debt system for all migrants. Instead, it updates the daily cost amount for limited categories of people who remain legally liable for immigration detention costs.

For most visa applicants and ordinary immigration detainees, this change will not directly apply. Nevertheless, the increase is significant and shows that the government’s calculated direct cost of immigration detention has risen considerably.

Anyone who receives a detention cost notice, faces immigration detention, or has concerns about liability under the Migration Act should seek legal advice as soon as possible. At Emigrate Lawyers, we assist clients with complex immigration matters, including visa cancellations, visa refusals, detention-related concerns, appeals, judicial review, and other migration law issues. For professional advice, contact Emigrate Lawyers