Where an unlawful non-citizen is held in immigration detention pending criminal proceedings and is refused a criminal justice stay visa under s 159 of the Migration Act 1958 (Cth), the time in immigration detention is not spent 'for no other reason' than in respect of the offences within s 87(a) of the Sentencing Act 1995 (WA), because the person's unlawful non-citizen status and the visa refusal are separate substantial reasons for the detention. The sentencing court's power to backdate under s 87(d) is therefore not enlivened, though the court retains its non-statutory power to take the detention into account as a mitigating factor. A refusal of a criminal justice stay visa is not equivalent in law or fact to a refusal of bail.
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