On 12 Mar 2026, the Government has passed the Migration Amendment (2026 Measures No. 1) Bill 2026, which would create a new mechanism known as an arrival control determination.
The Bill would allow the Minister for Immigration to temporarily suspend travel to Australia for specified classes of temporary visa holders who are outside Australia.
The power is designed to respond to events or circumstances occurring outside Australia that may affect migration risk, compliance or border management.
Key features of the amendments
🔹The Minister may issue an arrival control determination restricting travel for certain offshore temporary visa holders.
🔹The power may be used where circumstances outside Australia suggest that affected visa holders may not depart Australia when their visa expires, or where the visa may not have been granted if the current circumstances had existed at the time of application.
🔹The Minister must obtain written agreement from both the Prime Minister and the Minister for Foreign Affairs before making the determination.
🔹A determination may operate for up to six months. It cannot be varied or extended, although a new determination could be issued if the criteria arise again.
🔹Importantly, the measure does not cancel the visa and does not change the visa expiry date. It simply prevents travel to Australia during the determination period.
🔹The measure would not affect permanent visa holders or temporary visa holders who are already in the migration zone when the determination begins.
🔹Certain family members are excluded from the scope of the determination, including parents of children under 18 in Australia and spouses, partners or dependent children of Australian citizens, permanent residents or protection visa holders.
🔹The Minister may grant individual exemptions through permitted travel certificates in compelling, compassionate or public interest circumstances.
🔹Any determination must be tabled in Parliament with a statement of reasons within two sitting days, providing a level of parliamentary oversight.
Link to the full Bill can be found here.
Why this matters
Following enactment, the Bill introduces a new mechanism allowing the Government to temporarily restrict travel to Australia for certain offshore temporary visa holders during international crises or migration risk events, without cancelling visas that have already been granted.
For visa holders who are outside Australia, the practical effect may be significant delays in travel even where a visa remains valid.
Given the increasing pace of change in migration policy and border management powers, we strongly encourage individuals currently holding temporary visas to consider obtaining advice on their permanent visa options and, where eligible, to take steps towards securing more stable migration pathways.
Cautionary Measures
Temporary visa holders who are currently living in Australia should exercise particular caution. At this time, it is strongly advisable to avoid travelling outside Australia unless absolutely necessary. Departing Australia may create a risk of being unable to return if an arrival control determination applies to your visa class while you are offshore.
While the legislation allows the Minister to grant permitted travel certificates in compelling, compassionate or public interest circumstances, these exemptions are discretionary and should not be relied upon as a routine pathway for travel.
We also caution against undertaking temporary visits to Australia in the current climate unless travel is essential, as restrictions introduced under this framework could result in refused travel or significant disruption, potentially leading to unnecessary cost and uncertainty.
Although there continues to be strong advocacy for immediate family members of Australian citizens and permanent residents to retain the ability to travel to Australia and remain with their families, there is currently no clear indication that further policy steps will be taken in that direction.
Employers, education providers and migration advisers should closely monitor developments, particularly where staff, students or visa holders are currently offshore or considering travel to Australia.
If your employees, loved ones, or anyone you know have concerns over the Bill, please contact our team at Migration Affairs for legal support.
📧 info@migrationaffairs.com.au
🌐 migrationaffairs.com.au/contact
📞 +61 2 8226 8777
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
