Kenyan Man, 28, Set to Appear in Australian Court Over Visa Breach

A 28-year-old man of Kenyan origin has been charged in Brisbane with breaching the conditions of his Australian visa and is due to appear in court next month.

The Australian Federal Police said the man was arrested in Brisbane on 7 January 2026 and charged under section 76C(1) of the Migration Act 1958. He is accused of failing to comply with a curfew condition attached to his Commonwealth visa by leaving his registered address during restricted hours. His name has not been released. He has been remanded in custody and is scheduled to appear before Brisbane Magistrates Court on 6 February 2026.

Under the Migration Act, breaches of visa conditions are criminal offences. The legislation allows for penalties of up to five years’ imprisonment or a fine of up to AUD 99,000 for non-compliance. Curfew requirements are imposed in certain cases to monitor individuals who are subject to additional supervision.

Brisbane, the capital of Queensland, is a key centre for the enforcement of Commonwealth law, including immigration matters. Federal and state authorities work jointly to investigate and prosecute offences that fall under national legislation.

Commonwealth visas are issued by the federal government and allow foreign nationals to live in Australia under specific conditions. These conditions may limit work, study, travel, or place of residence. 

Some visa holders are required to observe curfews or comply with reporting obligations, such as maintaining regular contact with immigration authorities and advising of changes to personal circumstances. Failure to meet these requirements constitutes a breach of visa conditions.

Visa breaches can take various forms, including overstaying a visa, working beyond permitted limits, or failing to meet residence or reporting requirements. Consequences may include arrest, fines, visa cancellation, removal from Australia, or restrictions on future visa applications. The AFP said the matter will proceed through the courts in accordance with federal law.