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Photo source: Markus Spiske, via Unsplash, October 22, 2021
17-03-2026 | Roberta Moisuc | Asia Team Researcher, Global Human Rights Defence.
The Australian Government has recently introduced a new migration bill, which, if passed, can gravely affect refugees and migrants from crisis-affected countries from visiting or seeking asylum in Australia.
The new Migration Amendment Bill 2026 would allow the Minister for Home Affairs to conduct an “arrival control determination” that allows the cease of temporary visas granted to tourists, students, or sporting visas for people entering from specific regions. Once this is issued, the conduct prevents the individuals from entering Australia and can be determined at any point during the traveller’s journey or arrival, including during potential transit through a third country. The government’s explanatory material states that if a person travelling legally on a temporary visa gets issued a determination, the individual could face mandatory detention and deportation.
The bill was introduced without consultation with Australia’s refugee and migration sector. If passed into law, it would give the Minister the power to prevent people seeking refuge from conflict zones from entering Australia. These circumstances will lead to refugees only having access to entering Australia through the restrictive humanitarian visa program. Currently, Australia has 61,000 temporary visa holders in the Middle East, including 7,200 in Iran and 1,150 in Lebanon. Once the bill passes, the arrival control procedures would be allowed to be made to all individuals from both states and could lead to the prevention of 10,000 people from entering Australia.
Although the bill provides exemptions for people holding certain protection or humanitarian visas, the measures exclude asylum seekers who want to enter the country on other types of visas. The power to make an “arrival control determination” arises where the Minister is satisfied that an ‘event or circumstance’ overseas will lead individuals to extend their stay in Australia beyond the temporary period of their visa. The legislation will effectively limit legal and safe pathways for refugees and migrant wishing to flee conflict areas and grant the home affairs minister expanded authority with minimal oversight and accountability.
