In March, Parliament passed new laws that can affect people wanting to travel to Australia from conflict zones (the Migration Amendment (2026 Measures No. 1) Act 2026). It amended the Migration Act to give the Minister new powers to issue ‘arrival determinations’ when events happen outside Australia which make it less likely that temporary visa holders will want to leave Australia when their visa expires. The most obvious type of event is an armed conflict but it could also be used in relation to significant natural disasters, or perhaps a sudden economic collapse in a particular country or region.
The legislation
Arrival determinations can last for up to 6 months at a time (and a new one can be issued after that). When a person with a temporary visa falls under a determination, their visa ‘ceases to be in effect’, which means they cannot use it to travel to or enter Australia. This isn’t quite the same as the visa being cancelled – if the visa still has time left on it when the arrival determination ends, it can still be used.
There are also a few situations where a person is effectively exempt from an arrival determination. This includes holders of temporary humanitarian and protection visas, partners or dependent children of Australian citizens and permanent residents, and parents of underage children who are already in Australia. It’s also possible to apply for an exemption in the form of a ‘permitted travel certificate’ (more on this below).
First use of the legislation
About two weeks after the Act came into force, the Minister issued a determination using the new powers. The determination applies to people who:
- were outside Australia on 26 March 2026;
- hold a Subclass 600 Visitor visa; and
- applied for that visa using a passport issued by the Islamic Republic of Iran.
People who are affected by the determination can apply for a ‘permitted travel certificate’ (PTC) online. It isn’t yet clear how many of these will be successful. Information on Home Affairs’ website suggests that parents of Australian citizens may be looked on favourably, especially if they can provide strong evidence to show that they have reasons to leave Australia and not seek to remain here long-term. Since the purpose of the determination is to stop people trying to stay longer in Australia, it’s likely that a strong PTC application will demonstrate that the person has significant reasons for wanting to only stay here temporarily.
What does RAILS think about this law?
RAILS has serious concerns about laws which single out particular nationalities or groups for differential treatment. The way the government has responded to other conflicts in recent years, including in Ukraine and Gaza, has demonstrated that they can manage the migration impacts of international conflicts in a methodical way, taking account of humanitarian and security imperatives. It is therefore disappointing to see this most recent response to a conflict. On the other hand, the exclusion of close family members and the availability of exemptions in the form of PTCs are important safeguards, as is the short 6 month duration of each determination.