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:

• An international conflict involving Iran, Israel, and the United States constitutes a relevant external event;
• There is a risk that affected visa holders may not comply with visa conditions; and
• It is in the national interest to impose temporary entry restrictions.

Governance and Oversight

• The determination is not subject to disallowance under the Legislation Act 2003.
• However, parliamentary accountability is maintained through tabling requirements and statements of reasons.
• The Minister must obtain prior written agreement from both the Prime Minister and the Minister for Foreign Affairs before making the determination.

Conclusion

This instrument provides the Minister with a targeted, time-limited mechanism to suspend the travel rights of a defined group of temporary visa holders in response to international conflict, balancing national interest considerations with limited exemptions and discretionary safeguards.

Source:  Migration-Arrival-Control-Determination-2026.pdf and

Migration-Arrival-Control-Determination-2026-explanatory-statement.pdf