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.
The Minister for Home Affairs and Immigration and Citizenship has announced that with effect from 26 March 2026, this new power has been applied to temporarily restrict Iranian holders of a Subclass 600 Visitor visa who are outside Australia from travelling to Australia for six months. Importantly, the temporary travel restriction affects offshore Iranian visitor visa holders only. It does not affect all Iranian temporary visa holders, or Iranian Visitor visa holders who were onshore in Australia on 26 March 2026.
This restriction has been imposed due to the conflict in Iran, which in the Government’s view, has increased the risk that some temporary visa holders may be unable or unlikely to depart Australia when their visas expire. This measure gives the Government time to assess the situation properly, whilst still allowing flexibility in limited cases.
In this article, we outline how this new power to impose a temporary travel restriction on specified cohorts of non-citizens operates overall, before taking a closer look at the first application of these laws to Iranian visitor visa holders.
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.
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.
Iranian Visitor Visa Holders
The Australian Government has announced that an Arrival Control Determination is now in force from 26 March 2026 for six months and applies to people outside Australia who hold a Subclass 600 Visitor visa linked to an Iranian passport. As a result, their Visitor visa has temporarily ceased to be in effect, unless an exemption applies.
Affected Visitor visa holders are not eligible for a refund unless they meet specified refund criteria.
The Determination does not apply to:
- Iranian visitor visa holders who are onshore in Australia when the Arrival Control Determination commenced on 26 March 2026;
- the spouse, de facto partner, or dependent child of an Australian citizen, an Australian permanent visa holder, or an Australian resident who is not subject to a time limitation (such as a New Zealand citizen);
- the parent of a child who is under 18 and in Australia;
- a person who was in Australia when the Arrival Control Determination commenced;
- a person who has been issued a Permitted Travel Certificate (PTC) that is in force.
These individuals may continue to travel to Australia if they hold a valid visa. However, they will need to provide evidence that the restrictions do not apply to them beforethey travel to Australia.
Before travelling, these visa holders should check whether their Visitor visa has been affected by requesting an Arrival Control Determination Check through the DOHA online Arrival Control Determination Portal.
What This Means For Affected Visa Holders
If the Determination applies to you, you cannot travel to Australia whilst the Determination is in force, unless you request, and are issued with, a Permitted Travel Certificate.
If your visa has not expired when the Determination ends, your visa will come back into effect and be valid for travel again at that time.
If your visa expires whilst the Determination is in force, you will need to apply for another visa.
The Arrival Control Determination does not prevent Iranian passport holders who are outside Australia from applying for a new visa.
Any applications that have already been lodged, as well as new applications, will continue to be assessed on their merits in line with existing visa criteria and processes including health, character and security criteria.
Permitted Travel Certificates
There will be a small number of impacted people who will still be able to travel to Australia if they are issued with a Permitted Travel Certificate. Requests are considered on a case-by-case basis and will only be issued in limited circumstances. Requests can be made through the Arrival Control Determination Portal on the Home Affairs website.
Impacted travellers who commenced their trip to Australia before the Arrival Control Determination came into effect, including those who are transiting in a third country for less than 24 hours, will generally be issued a Permitted Travel Certificate. They do not need to apply for a certificate in these circumstances.
If the Determination applies to you, and you still wish to travel to Australia, you may apply for a Permitted Travel Certificate. If you are issued with a certificate your visa will come back into effect and you will be able to travel to Australia within the visa validity period.
Applications for Permitted Travel Certificates are considered on a case-by-case basis.
Permitted travel certificates will only be issued in very limited circumstances, which may include individuals who:
- are the parent of an Australian citizen; or
- can show they genuinely intend to stay in Australia temporarily.
The Minister for Immigration has made clear that particular care will be taken in cases involving the parents of Australian citizens.
Affected individuals can request a permitted travel certificate through the Department’s online Arrival Control Determination Portal. Do not make travel plans unless you receive an email advising that you have been issued with a permitted travel certificate. You can track the progress of your application at the Arrival Control Determination Portal.
Applicants are advised to lodge the request for a Permitted Travel Certificate two weeks before they intend to travel to Australia, and no more than two months before the intended travel date.
Affected individuals who hold a Permitted Travel Certificate may continue to travel to Australia if they hold a valid visa. They must provide evidence that the restrictions do not apply to them before they travel to Australia.
A person who began travel to Australia before the Arrival Control Determination came into effect, including those who are transiting in a third country for less than 24 hours, will generally be issued a Permitted Travel Certificate. They do not need to apply.
What You Need To Request A Check
Before the Department can check whether the Arrival Control Determination applies to you, or issue a Permitted Travel Certificate, you must hold a visa, or have applied for a visa to Australia.
Before travelling to Australia, individuals should check whether their Visitor visa has been affected by requesting an Arrival Control Determination check.
Requests for an Arrival Control Determination check or a Permitted Travel Certificate must include:
- personal details: name, date of birth, visa type and number, passport number
- proposed residential address and phone number in Australia
- a short explanation of why you are making the request
- suitable evidence in English or translated into English.
Based on your circumstances, suitable evidence may include:
- marriage, birth, adoption or death certificate/s for yourself, your partner and your children
- de facto or civil partnership registration
- court documents showing legal guardianship of children
- proof of relationship or residence such as a shared tenancy agreement, utility bill, rates notice or joint bank account
- proof of permanent residence in another country, such as a copy of your visa or residence permit
- travel itinerary (if booked).
A Permitted Travel Certificate request should include a very strong submission and evidence that supports the request. If you do not provide the required evidence, the Department may finalise your request without further consideration. It is therefore important that you provide all the necessary information to ensure that your request can be properly assessed.
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
Australian Government, The Hon Tony Burke MP, Minister for Home Affairs, Minister for Immigration and Citizenship, Minister for Cyber Security, Minister for the Arts, and Leader of the House, Wednesday, 25 March 2026, Media Release, Protecting the integrity and sustainability of our migration system: https://minister.homeaffairs.gov.au/TonyBurke/Pages/protecting-integrity-and-sustainability-of-our-migration-system.aspx
Australian Government, Department of Home Affairs, Help and support, Arrival Control Determination, Temporary travel restrictions for Visitor visa holders with Iranian passports: https://www.homeaffairs.gov.au/help-and-support/arrival-control-determination