The Australian Government has now passed new legislation that allows temporary travel restrictions to be placed on certain temporary visa holders. This follows recent discussion about proposed legislation, and the law has now officially commenced. The Migration Amendment (2026 Measures No. 1) Act 2026 received Royal Assent on 13 March 2026 and commenced on 14 March 2026. The new law introduces a framework that allows the Minister to temporarily restrict certain visa holders from entering Australia in specific circumstances. This article explains what the changes mean, who is affected, and what visa holders should do if they are impacted.
What Is the New Migration Amendment About?
The new legislation inserted Arrival control determinations into the Migration Act. This gives the Minister the power to make an arrival control determination, which can temporarily stop certain classes of temporary visa holders from travelling to and entering Australia.
The purpose of this new framework is to allow the government to introduce temporary travel restrictions during periods of international conflict or other events outside Australia that may impact the migration system. The legislation states that these restrictions may be used where there is an increased risk that certain temporary visa holders may not depart Australia when their visas expire.
In simple terms, the government now has the power to temporarily pause the ability of certain temporary visa holders to enter Australia, even if their visa is still valid.
What Is an Arrival Control Determination?
Under the new law, the Minister can make a determination specifying that certain temporary visa holders are affected by travel restrictions. When this determination applies, the visa holder’s visa ceases to be in effect for travel purposes, meaning they cannot travel to Australia while the determination is in force unless they receive special permission.
If the determination is later revoked, or if the person is no longer part of the specified group, the visa can come back into effect again during its validity period.
This means the visa itself is not cancelled, but it may temporarily not allow travel to Australia.
Who Is Currently Affected by the Determination?
The first arrival control determination applies to a specific group of visitor visa holders. The determination applies to people who:
- Hold a Subclass 600 Visitor Visa
- Provided details of an Iranian passport in their visa application (either their own passport or a passport they were included on)
- Have that passport recorded in the Department’s systems in connection with their visa grant
This means some Iranian passport holders who hold a Visitor visa may now be prevented from entering Australia, even if their visa is still valid.
What Happens If You Are in the Affected Group?
If a person falls into the specified class under the arrival control determination, their temporary visa ceases to be in effect while the determination applies to them. This means:
- They cannot travel to Australia
- They cannot enter Australia
- Their visa is temporarily suspended for travel purposes
However, the visa may come back into effect if:
- The determination is revoked
- The person is no longer part of the specified class
- The person receives a permitted travel certificate
Who Is Exempt from Travel Restrictions?
The determination does not apply to certain family members of Australians. The restrictions do not apply if the visa holder is:
- The spouse of an Australian citizen or permanent resident
- The de facto partner of an Australian citizen or permanent resident
- The dependent child of an Australian citizen or permanent resident
- The parent of a child under 18 who is in Australia
These individuals are exempt from the travel restrictions under the legislation.
Can Affected Visa Holders Apply for a Travel Exemption?
Yes. The Minister has the power to issue something called a permitted travel certificate. This certificate allows a person to travel to Australia even if the arrival control determination would normally apply to them.
The Minister can issue this certificate if satisfied that it is appropriate in the circumstances. The certificate can also be revoked, but it cannot be revoked while the person is in Australia.
This means affected visa holders may still be able to travel to Australia if they successfully obtain a permitted travel certificate.
How Long Will These Travel Restrictions Last?
The current arrival control determination is in force for six months from the date it commenced. This means the travel restrictions are temporary, but they may be extended or replaced depending on future government decisions and international circumstances.
What This Means for Visitor Visa Holders
This is an important development because it introduces a new power that allows the government to temporarily restrict travel for certain temporary visa holders during specific global events or risks to the migration system.
For affected visitor visa holders, this means:
- A valid visa does not always guarantee entry to Australia
- Some visa holders may need a permitted travel certificate
- Family members of Australian citizens and permanent residents are generally exempt
- The restrictions are temporary but may change
Anyone who holds a Visitor visa and may be affected should seek advice before travelling to Australia.
Need Advice About Your Visa or Travel Restrictions?
These new laws are complex and may affect travel plans for some visa holders. If you hold a Visitor visa and are unsure whether these new travel restrictions apply to you, it is important to seek professional advice before making travel arrangements.
Contact AVIE for advice on your visa, travel eligibility, or travel exemption options.