Proposed Arrival Control Determination Powers

Migration Amendment (2026 Measures No. 1) Bill 2026 – Proposed Arrival Control Determination Powers

The Australian Government has introduced the Migration Amendment (2026 Measures No. 1) Bill 2026, proposing new powers that would allow the Minister for Immigration to temporarily restrict travel to Australia for certain offshore temporary visa holders during periods of international risk or disruption.

The proposed legislation aims to provide the Government with greater flexibility to respond to global events that may affect migration settings, such as conflicts, major humanitarian crises, or other international developments that could impact visa integrity or migration outcomes.

New Power: Arrival Control Determination

A central feature of the Bill is the creation of a new ministerial power known as an arrival control determination.

Under this provision, the Minister for Immigration would be able to temporarily suspend travel to Australia for specified classes of temporary visa holders who are outside Australia.

This measure is intended to allow the Government to respond quickly when circumstances outside Australia create risks or conditions that may affect visa compliance or migration outcomes.

When Can an Arrival Control Determination Be Made?

The Minister may issue an arrival control determination if an event or circumstance outside Australia has occurred or is occurring, and one or both of the following conditions apply:

• There is a risk that affected visa holders may not depart Australia when their temporary visa expires, or
• The visa may not have been granted if the current event or circumstances had existed at the time the visa application was assessed.

Before making such a determination, the Minister must obtain written agreement from both the Prime Minister and the Minister for Foreign Affairs.

Duration of a Determination

An arrival control determination may operate for up to six months.

Key limitations include:

• The determination cannot be varied or extended, although a new determination may be issued if the relevant criteria arise again.
• The determination does not cancel an existing visa and does not affect the visa’s expiry date.

Who Is Not Affected?

The proposed legislation includes safeguards to ensure that certain individuals are not subject to these travel restrictions.

An arrival control determination cannot apply to:

• Permanent visa holders
• Temporary visa holders already in Australia when the determination comes into force (even if they later depart)
• Parents of a child under 18 living in Australia
• Spouses, de facto partners, or dependent children of:
  • Australian citizens
  • Australian permanent residents
  • Holders of protection or humanitarian visas

Individual Exemptions

The Minister would also have the authority to grant individual exemptions, known as permitted travel certificates, on a case-by-case basis.

These exemptions may be granted for reasons such as:

• Compelling personal circumstances
• Compassionate grounds
• Public interest considerations

Parliamentary Oversight

To ensure transparency, the Minister must table the determination and a statement of reasons in both Houses of Parliament within two sitting days after the determination is made.

Current Status of the Bill

The Migration Amendment (2026 Measures No. 1) Bill 2026 was introduced in Parliament and read a first time, with the second reading agreed to on 10 March 2026.

The Bill must still progress through the remaining stages of the parliamentary process before becoming law.

What This Means for Visa Holders

If passed, the legislation would provide the Government with temporary powers to manage travel to Australia during international crises or disruptions.

While the measures would not cancel visas, they could temporarily prevent certain offshore temporary visa holders from travelling to Australia during the period of a determination.

Visa holders affected by such a determination may still be able to seek individual exemptions in compelling circumstances.