Commencing from 14 March 2026, a new legislative framework has been introduced allowing the Minister for Immigration to impose temporary restrictions on the arrival of certain classes of temporary visa holders to Australia.
This new power may restrict travel when events or circumstances outside Australia mean that there is an increased risk that a class of temporary visa holders will not depart Australia when their visa period ends, including during periods of international conflict or due to other events or circumstances occurring outside Australia on a similar scale.
Why Have These Changes Been Introduced?
Prior to these changes being made, the Migration Act did not contain a general power to prevent cohorts of non-citizens who hold visas to travel to Australia, including during periods of international conflict or other rapid international developments where travel may present a risk to Australia’s national interest.
Although there are existing powers under the Migration Act to cancel a visa in such circumstances, this can only be applied on an individual level, making it impractical and resource intensive to respond to larger scale events occurring overseas.
This may include during periods of international conflict or other rapid international developments that place unsustainable strains on the functioning of the migration system, and the Government seeks to respond by placing limitations on the ability of certain cohorts of non-citizens from travelling to Australia.
How Do These New Temporary Suspensions On Travel To Australia Work?
The amendments to the Migration Act establish a personal power allowing the Minister for Immigration to make an arrival control determination by legislative instrument to specify that a suspension of temporary visas applies to one or more specified classes of non-citizens in specified circumstances.
The Minister must be reasonably satisfied that an event or circumstance has occurred, or is occurring outside Australia, and one or both of the following apply:
- having regard to the event or circumstance, the specified non-citizens may, if they enter Australia on a temporary visa, remain in Australia after the visa ceases to be in effect; or
- if the event or circumstance had occurred, or had been occurring, at the time when the specified non-citizen had applied for the temporary visa, it may not have been granted.
For example, a criterion for the grant of most temporary visas is that the applicant intends to remain in Australia temporarily or for the purpose for which the visa is granted, and that all relevant public interest criteria are met. In considering whether to grant the visa, the Department of Home Affairs (DOHA) would usually consider whether a person will remain in Australia after the visa validity period, having regard to the circumstances in the person’s country of usual residence.
These amendments to the Migration Act would enable the Minister to suspend temporary visas held by one or more specified classes of offshore non-citizens in circumstances where, since the time when the visa was granted, the circumstances have changed, thereby allowing the Minister to act where there is a need for a rapid response to these changed circumstances.
Before making the arrival control determination, the Minister must also be satisfied that it is in the national interest to make the determination.
How Long Does The Suspension On Travel To Australia Exist Under These Changes?
The arrival control determination imposed by the Minister for Immigration can be in effect for a maximum period of six months.
The Minister can revoke a determination but cannot vary or extend one that is currently in force.
Are There Any Limits On Whom The Travel Suspension Can Be Applied To?
An arrival control determination does not apply to a non-citizen who is the parent of a child under 18 years who is in Australia, or the spouse, de facto partner, or dependent child of an Australian citizen or permanent resident. This is designed to ensure that Australian family units are not split up as a result of this travel suspension.
It also does not apply to a non-citizen who is the holder of a protection or humanitarian visa.
Can Individuals Be Considered On A Case-By-Case Basis?
Yes, these changes provide the Minister with a power to exempt a non-citizen from the operation of the arrival control determination on a case-by-case basis, enabling travel to Australia for that individual (by issuing a permitted travel certificate).
This would, for example, allow for travel to Australia where the temporary reason for travel remains genuine, in compelling or compassionate cases, or where it is in Australia’s foreign policy interest or the public interest to do so.
To the extent that the power may impact a temporary visa holder outside Australia who has very close and enduring ties to Australia such that Australia may be considered their ‘own country’, the Minister may to issue a permitted travel certificate providing that an arrival control determination does not apply in relation to that person. The effect of this is that the temporary visa will come into effect again
This will help ensure that people for whom Australia is their own country and who have strong ties are able to re-enter Australia consistently.
What Happens To The Temporary Visa Held By The Non-Citizen To Whom The Control Determination Applies To?
Imposing an arrival control determination to temporarily cease a temporary visa does not affect its expiry date. This means that once the arrival control determination ceases, or is revoked, or the non-citizen is no longer in the class of persons to whom the determination applies, the visa will again come into effect (provided it has not expired by that time).
It also does not impact a current holder of a permanent visa, or a temporary visa who is onshore in Australia when the period of time specified in the determination comes into force, and they subsequently depart.
Is There Any Oversight Over The Minister’s Power To Impose An Arrival Control Determination?
Before making an arrival control determination, the Minister must obtain written agreement from the Prime Minister and the Foreign Affairs Minister. This ensures that Australia’s bilateral relationships, the international landscape and Australia’s national interests are considered more broadly before the power is exercised.
The Minister is also accountable to the Parliament when exercising the arrival control determination power.
If the Minister makes an arrival control determination, s/he must table before each House of Parliament a copy of the determination and a statement of reasons for making the determination within two sitting days after the day on which the determination is made.
Can The Same Arrival Control Determination Be Made More Than Once?
Yes, there is nothing in the legislative amendments preventing the Minister from exercising this power more than once in relation to the same event or circumstance, or to the same class of non-citizens.
A new determination can be issued upon expiry, but only where all elements of the legislative test are met.
Could These Changes Affect Australian Permanent Resident Visa Holders?
No, the power to make an arrival control determination will have no impact on the ability of Australian citizens and existing permanent visa holders to travel to and from Australia.
Former visa holders who find themselves outside Australia at the time a determination is made without a visa to return and are of a specified class of non-citizen in the determination will continue to be able to be considered for grant of a Resident Return Visa. These visas allow permanent residents, as well as former citizens, to return to Australia if the travel facility on their initial permanent visa has ceased (which occurs five years after their permanent visa was granted). Permanent residents are encouraged to apply for these visas before departing Australia. The determination would not affect those applications made in Australia.
What This Means For Current Temporary Visa Holders
If you currently hold a temporary visa and you choose to travel offshore, there is a risk that the new legislation could affect your ability to return to Australia, which may result in you remaining offshore for an indeterminate period of time, potentially up to six months, or longer if the power is exercised more than once by the Minister to the same cohort of temporary visa holders.
Based on the information currently available, it appears that any potential restrictions may be targeted at certain Middle Eastern countries or passport holders from those nations, rather than applying broadly to all travellers. However, until further details are released, we cannot confirm the exact scope. Given current international developments, we would anticipate that this legislation may apply to Iran, but theoretically, it could be any country.
The information contained in this article is based on the Explanatory Memorandum accompanying the legislation, as released by the Parliament of Australia. No further information or guidance has been published to date.
If you currently hold a temporary visa and you are onshore in Australia, unless your travel is essential, the safest option would be to remain onshore until further information is released.
If you currently hold a temporary visa, are currently offshore and you are concerned that your country of current residence may become restricted under these provisions in the future, you should travel to Australia as soon as possible.
Given the highly consequential implications of this legislation, we strongly recommend seeking professional advice to understand how this legislation may apply and whether there is a risk that it could apply to you, and the potential consequences that may affect your ability to travel to Australia. Our highly skilled and experienced migration agents will be able to review your details and provide more specific advice relevant to your specific circumstances.
Sources/Links
2025-26, The Parliament of the Commonwealth of Australia, House of Representatives, Migration Amendment (2026 Measures No. 1) Bill 2026, Explanatory Memorandum: https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7447