Mikk,
Actually the term 'Unlawfull entrant' applies to ALL persons arriving without valid documentation. We simply chose not to prosecute the offence if the person applies for asylum, but they are still unlawfull and that is the only reason we can put them in detention.

There are some people that arrive legally, with valid docs, and then apply for asylum, we do not detain them. They are free to go about their business while being assesed. We cannot and do not detain legal arrivals.

As Lexi said, DIAC has all the official information and is easily contactable.

Dear Shadow Minister,

Actually I've also spoken to them and to the
Parliamentary Library and to the Human Rights
Commission, to name just a few. And they all stated
that, "there is no offence under Australian law that
criminalises the act of arriving in Australia or the
seeking of asylum without a valid visa." as stated
in the DIAC's fact sheets on asylum seekers.

The term "illegal" may more appropirately apply
to those without a valid visa who are not seeking
protection (such as visa overstayers).

The following link may help:

http://www.abc.net.au/news/2012-08-17/cassidy-a-rare-challenge-for-abbott/4203120

Dear Banjo,

Here's the link you asked for:

http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parliamentary_Library/pubs/BN/2012-2013/AsylumFacts#_Toc348096466

There is no offence under Australian law that criminalises the
act of arriving in Australia or the seeking of asylum
without a valid visa.

Asylum seekers who come by boat are not illegal immigrants.
The Migration Act 1958 allows for entry to Asutralia without a
visa for the purpose of seeking asylum. The UN Refugee Convention
(to which Australia is a signatory) recognises that refugees
have a right to enter a country for the purposes of
seeking asylum regardless of how they arrive or whether they
hold valid travel or identity documents.

cont'd ...

Another link:

http://www.sbs.com.au/goback/about/factsheets/4/are-asylum-seekers-who-arrive-by-boat-illegal-immigrants

Lexi,

Entering the country unlawfully does not mean they have done anything criminal. It just means that they have not followed the letter of the law whilst entering the country.

While this may not be politically "appropriate" it is still technically correct.

Dear Shadow Minister,

How can it be "unlawful" when asylum seekers are
not breaking any Australian law simply by arriving
on boats without authorisation. Australian and
International laws make these allowances for these
people because it is not always safe or practicable
for asylum seekers to obtain documents or travel
through authorised channels.

"Unlawful" applies to people who are not seeking
protection, such as visa overstayers.

This means that it is incorrect to refer to asylum
seekers who arrive without authorisation as "unlawful,"
or "Illegal," entrants as in fact they have a lawful
right to enter Australia to seek asylum.