On 12 March 2026, the ‘Migration Amendment Act 2026 Australia (2026 Measures No. 1)’ passed both houses of parliament. It subsequently received royal assent on 13 March 2026 and came into effect on 14 March 2026.
What are Australia’s new travel ban powers?
This new legislation significantly amends Australia’s longstanding Migration Act 1958 (Cth), by inserting powers under section 84B (“Arrival control determinations”) to temporarily restrict travel to Australia for certain offshore temporary visa holders during periods of international unrest.
It is worth reiterating that this will not result in visas being cancelled, rather the ability to utilise approved visas.
Why were the travel bans introduced?
The Australian government claims that these changes will strengthen the integrity of the country’s migration system, by being able to act quickly when global events could impact visa compliance, border management, or migration outcomes. In any case it has simultaneously been met with strong criticism from refugee advocates and experts.
Who do the travel bans affect?
The amendments generally targets offshore temporary visa holders. That is, people who hold valid Australian temporary visas, but currently are outside Australia. However, it is for the Minister for Immigration to determine more specifically when to exercise this travel ban power, and against exactly whom and what visa type whenever they deem it to be in the “national interest”.
The first example of the power being used will commence on Thursday 26 March 2026, to restrict Visitor (Subclass 600) visas linked to those with Iranian passports. The Minister Tony Burke said in so doing that “there are many Visitor visas which were issued before the conflict in Iran which may not have been issued if they were applied for now”.
The Department of Home Affairs further justified the travel ban on Iranian Visitor visa holders by saying that “the Iran conflict has increased the risk some visa holders may be unable – or unlikely – to leave Australia when their visas expire”.
Are there any exemptions to the travel ban?
Yes, any announced travel bans will not apply to temporary visa holders who are:
- Spouses, de facto partners, and dependent children of Australian citizens and permanent residents;
- Parents of children who are under the age of 18 and in Australia;
- Humanitarian visa holders.
What if I have other urgent reasons to travel to Australia?
For those affected by a travel ban and not automatically exempt, it may be possible to obtain a “Permitted Travel Certificate” (PTC) via the Department’s new Arrival Control Determination Portal.
Applications for PTCs are considered on a case-by-case basis. For example, an affected temporary visa holder may wish to present evidence that they need to travel to Australia to visit a critically ill relative or attend a funeral.
In the instance of Iranian Visitor (Subclass 600) visa holders, the Minister has said that particular care will be taken in cases involving the parents of Australian citizens.
It is recommended that anyone affected by a travel ban applies for a PTC two weeks prior to their proposed travel to Australia. Only if a PTC is issued will be the temporary visa holder be permitted entry to Australia within their visa’s validity period.
Need advice?
If you are outside Australia and unsure whether you are affected by an announced travel ban, our agile lawyers are well placed to clarify whether you are exempt, or guide you on the process to apply for a PTC. For further information, feel free to reach out to us at [email protected].
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THIS DOCUMENT DOES NOT CONSTITUTE LEGAL ADVICE OR CREATE AN ATTORNEY-CLIENT RELATIONSHIP. PLEASE CONSULT AN IMMIGRATION PROFESSIONAL FOR UP TO DATE INFORMATION.
