Australian Immigration Daily News

The Migration (Arrival Control) Determination 2026 is a legislative instrument made under subsection 84B(1) of the Migration Act 1958, following amendments introduced by the Migration Amendment (2026 Measures No. 1) Act 2026. It establishes a framework enabling the Minister for Home Affairs to temporarily restrict the arrival of specified classes of temporary visa holders in response to international events or circumstances affecting Australia’s migration system.

The purpose of the determination is to protect the integrity and sustainability of Australia’s immigration system, particularly where there is an increased risk that certain visa holders may not depart Australia upon visa expiry due to external events such as international conflict.

Key Provisions

• Specified Class of Persons
  The determination applies to non-citizens who:
  • Hold a Subclass 600 (Visitor) visa;
  • Provided details of an Iranian passport (either their own or one in which they were included) in their visa application; and
  • Have that passport recorded in departmental systems in connection with their visa grant.
• Effect of the Determination
  • Temporary visas held by affected individuals cease to be in effect while the determination applies.
  • As a result, affected persons cannot travel to or enter Australia unless granted a permitted travel certificate.
  • The visa may resume effect if the determination ceases, no longer applies, or the individual is exempt.
• Exemptions
  The determination does not apply to:
  • Immediate family members (spouse, de facto partner, dependent child) of Australian citizens or permanent residents; or
  • Parents of a child under 18 who is in Australia.
• Ministerial Discretion
  • The Minister may issue or revoke a permitted travel certificate where appropriate.
  • This allows case-by-case exemptions from the determination.

Duration and Operation

• The determination operates for a maximum period of six months from commencement.
• It commences the day after registration on the Federal Register of Legislation.

Rationale

The Minister formed the required statutory satisfaction that:

The Migration Legislation Amendment (Annual Market Salary Rate) Instrument 2026 introduces amendments to the existing framework for determining the Australian Market Salary Rate (AMSR) for employer-sponsored visa nominations.

The instrument provides greater flexibility in how AMSR is determined, particularly where a Fair Work instrument, state industrial instrument, or transitional instrument applies. In such cases, nominators may now use an alternative methodology based on relevant employment documents (where an equivalent Australian worker exists) or relevant information (where one does not), provided the resulting salary is not less than the amount specified under the applicable industrial instrument.

The amendments apply to nominations under Subclass 482, 494, 186 and 187 visas and operate alongside existing income thresholds, ensuring that migrant workers are paid at least market rates and do not undercut Australian workers.

The Migration (United Nations Security Council Resolutions) Instrument 2026 (LIN 26/008) commenced on 21 March 2026, updating the UNSC sanctions framework within Australian migration law.

Made under the Migration (UNSC Resolutions) Regulations 2007, the Instrument specifies the current UNSC resolutions that identify individuals subject to international travel bans. It replaces IMMI 14/034 and ensures Australia remains aligned with its obligations under the UN Charter.

Scope of the Instrument

The Instrument applies to individuals designated under UNSC sanctions regimes, including:

The Australian Citizenship (Special Residence Requirement) Amendment (Measures No. 1) Instrument 2026 introduces targeted amendments to the Special Residence Requirement (SRR) framework under the Australian Citizenship Act 2007.

The primary purpose of the instrument is to expand the categories of work that may be recognised for the purposes of satisfying the SRR, which applies in limited circumstances where applicants are unable to meet the general residence requirements due to extended or frequent absences from Australia.

The amendments include: