Home Affairs Legislation Amendment (2025 Measures No. 1) Act 2025

Home Affairs Legislation Amendment (2025 Measures No. 1) Act 2025

No. 42, 2025

An Act to amend the law relating to migration, and for related purposes

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Removal of unlawful non‑citizens etc.

Part 1—Third country reception arrangements and other matters

Division 1—Amendments

Migration Act 1958

Division 2—Application of amendments and validation

Part 2—Validation of certain visa decisions

Home Affairs Legislation Amendment (2025 Measures No. 1) Act 2025

No. 42, 2025

An Act to amend the law relating to migration, and for related purposes

[Assented to 5 September 2025]

The Parliament of Australia enacts:

1  Short title

  This Act is the Home Affairs Legislation Amendment (2025 Measures No. 1) Act 2025.

2  Commencement

 (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.

 (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Removal of unlawful non‑citizens etc.

Part 1—Third country reception arrangements and other matters

Division 1—Amendments

Migration Act 1958

1  At the end of subsection 76AAA(1)

Add:

Note: The rules of natural justice do not apply in relation to third country reception arrangements: see section 198AHAA.

2  After subsection 198AAA(5)

Insert:

Natural justice does not apply

 (5A) The rules of natural justice do not apply to an exercise of power under this section.

3  After section 198AHA

Insert:

198AHAA  Rules of natural justice do not apply in relation to third country reception arrangements

Entering into third country reception arrangements

 (1) The rules of natural justice do not apply to an exercise of the executive power of the Commonwealth to:

 (a) enter into a third country reception arrangement with a foreign country; or

 (b) do anything preparatory to entering into a third country reception arrangement with a foreign country.

Note: The following are examples of things that are preparatory to entering into a third country reception arrangement with a foreign country:

(a) drafting the arrangement;

(b) negotiating and settling the terms of the arrangement with the foreign country;

(c) providing information to the foreign country about non‑citizens who may be transferred to the foreign country under the arrangement (whether or not those non‑citizens are of a kind mentioned in subsection 198AAA(1));

(d) adopting the arrangement.

Things done in relation to third country reception arrangements

 (2) The rules of natural justice do not apply to the doing of a thing in relation to a third country reception arrangement with a foreign country, including in relation to the third country reception functions of a foreign country.

Note: The following are examples of things done in relation to a third country reception arrangement with a foreign country or the third country reception functions of a foreign country:

(a) the things mentioned in subsection 198AHB(2);

(b) an officer of the Department applying for a non‑citizen to be granted permission by a foreign country to enter and remain in that country for the purposes of section 76AAA.

 (3) For the purposes of subsection (2), it does not matter whether:

 (a) the Commonwealth does the thing by exercising its executive power; or

 (b) any of the following do the thing by exercising statutory power under a provision of this Act:

 (i) the Commonwealth;

 (ii) the Minister, or a delegate of the Minister;

 (iii) an officer of the Department.

 (4) In this section:

third country reception arrangement has the meaning given by section 198AHB.

third country reception functions has the meaning given by subsection 198AHB(5).

4  At the end of subsection 198AHB(1)

Add:

Note: The rules of natural justice do not apply to entering into a third country reception arrangement with a foreign country, including anything done preparatory to entering into an arrangement: see subsection 198AHAA(1).

5  At the end of subsection 198AHB(2)

Add:

Note: The rules of natural justice do not apply to the doing of a thing in relation to a third country reception arrangement with a foreign country, including anything done in relation to the third country reception functions of a foreign country: see subsection 198AHAA(2).

6  At the end of section 199C

Add:

Natural justice does not apply

 (9) The rules of natural justice do not apply to an exercise of power under this section.

7  At the end of section 501M

Add:

Natural justice does not apply

 (5) The rules of natural justice do not apply to an exercise of power under this section.

Division 2—Application of amendments and validation

8  Definitions

 In this Division:

commencement means the commencement of this Part.

do a thing includes:

 (a) make a decision (however described); and

 (b) exercise a power, perform a function, comply with an obligation or discharge a duty; and

 (c) do anything else;

and purport to do a thing has a corresponding meaning.

relevant migration law means:

 (a) the Migration Act 1958; and

 (b) the Migration Regulations 1994; and

 (c) any legislative instrument made under that Act or those Regulations; and

 (d) any other law of the Commonwealth to the extent that the other law relates to a matter arising under a law mentioned in paragraph (a), (b) or (c).

third country reception arrangement has the meaning given by section 198AHB of the Migration Act 1958.

third country reception functions has the meaning given by subsection 198AHB(5) of the Migration Act 1958.

9  Application of amendments

(1) The amendments of sections 198AAA, 199C and 501M of the Migration Act 1958 made by Division 1 of this Part apply to an exercise of power done before, on or after commencement.

(2) Section 198AHAA of the Migration Act 1958, as inserted by Division 1 of this Part, applies to:

 (a) a third country reception arrangement entered into with a foreign country before, on or after commencement; and

 (b) anything done preparatory to entering into a third country reception arrangement with a foreign country before, on or after commencement, whether the arrangement was entered into before, on or after commencement; and

 (c) a thing done in relation to a third country reception arrangement, including in relation to the third country reception functions of a foreign country, before, on or after commencement, whether the arrangement was entered into before, on or after commencement.

10  Validation of things done

(1) This item applies if a thing done, or purportedly done, before commencement is:

 (a) covered by subitem (2); and

 (b) would, apart from this item, be wholly or partly invalid only because the rules of natural justice were not observed in doing, or purporting to do, the thing.

(2) For the purposes of paragraph (1)(a), a thing is covered by this subitem if any of the following apply:

 (a) the thing done was entering into, or purportedly entering into, a third country reception arrangement with a foreign country;

 (b) the thing done, or purportedly done, was done preparatory to entering into a third country reception arrangement with a foreign country;

 (c) the thing was done, or purportedly done, in relation to a third country reception arrangement with a foreign country, including in relation to the third country reception functions of a foreign country;

 (d) the thing is, or is purportedly, an exercise of power under section 198AAA, 199C or 501M of the Migration Act 1958.

(3) For the purposes of paragraphs (2)(a), (b) and (c), it does not matter whether the thing is done, or purportedly done, by:

 (a) the Commonwealth as an exercise of its executive power; or

 (b) any of the following as an exercise of statutory power under a provision of the Migration Act 1958:

 (i) the Commonwealth;

 (ii) the Minister, or a delegate of the Minister;

 (iii) an officer of the Department.

(4) The following are taken for all purposes to be valid and to have always been valid:

 (a) the thing done, or purportedly done;

 (b) anything done, or purportedly done, under or in connection with the relevant migration law, whether before, on or after commencement, that relates to the thing mentioned in paragraph (a).

(5) To avoid doubt, the validation in subitem (4):

 (a) applies despite any effect it may have on the accrued rights of any person; and

 (b) may result in a person being convicted of an offence constituted by conduct that would, apart from this item, not have constituted an offence at the time the person engaged in the conduct.

(6) For the purpose of applying this item in relation to civil or criminal proceedings, this item applies in relation to:

 (a) civil or criminal proceedings instituted on or after commencement; and

 (b) civil or criminal proceedings instituted before commencement, being proceedings that are concluded on or after commencement.

(7) To avoid doubt, a reference in subitem (6) to instituting proceedings includes bringing an appeal (within the meaning of the Judiciary Act 1903).

Note: An example of an appeal mentioned in subitem (7) is an appeal to the High Court under section 73 of the Constitution.

Part 2—Validation of certain visa decisions

11  Definitions

General definitions

(1) In this Part:

commencement means the commencement of this Part.

do a thing includes:

 (a) make a decision (however described); and

 (b) exercise a power, perform a function, comply with an obligation or discharge a duty; and

 (c) do anything else;

and purport to do a thing has a corresponding meaning.

relevant migration law means:

 (a) the Migration Act 1958; and

 (b) the Migration Regulations 1994; and

 (c) any legislative instrument made under that Act or those Regulations; and

 (d) any other law of the Commonwealth to the extent that the other law relates to a matter arising under a law mentioned in paragraph (a), (b) or (c).

Meaning of relevant visa decision

(2) For the purposes of this Part, a relevant visa decision is a decision made or purportedly made, on or before 8 November 2023, under the relevant migration law to do any one or more of the following:

 (a) grant a visa;

 (b) impose, or not impose, a condition on a visa;

 (c) waive a condition on a visa;

 (d) refuse to grant a visa;

 (e) cancel a visa;

 (f) refuse to revoke the cancellation of a visa.

Note: 8 November 2023 is the day the High Court of Australia made orders in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37.

(3) Subitem (2) applies whether the decision is made or purportedly made by any of the following:

 (a) the Minister;

 (b) a delegate of the Minister;

 (c) the former Administrative Appeals Tribunal;

 (d) another person or body authorised to make the decision.

Other terms have same meaning as in the Migration Act

(4) A term (other than a term defined in subitem (1) or (2)) used in this Part that is defined in the Migration Act 1958 has the same meaning in this Part as it has in that Act.

12  Validation of certain visa decisions and things done

(1) This item applies if a relevant visa decision would, apart from this item, be wholly or partly invalid only because it was made, or purportedly made, on the understanding that the Migration Act 1958 authorises or requires the detention of an unlawful non‑citizen in respect of whom there is no real prospect of removal from Australia becoming practicable in the reasonably foreseeable future.

(2) The following are taken for all purposes to be valid and to have always been valid:

 (a) the relevant visa decision;

 (b) anything done, or purportedly done, under or in connection with the relevant migration law, whether before, on or after commencement, that relates to the relevant visa decision.

Note: The things referred to in paragraph (2)(b) include (for example) the following:

(a) detaining an unlawful non‑citizen under section 189 of the Migration Act 1958 following the relevant visa decision;

(b) removing an unlawful non‑citizen from Australia under section 198 of that Act following the relevant visa decision;

(c) accessing information under Division 2 of Part 4A of that Act, or disclosing information under Division 3 of that Part, in making the relevant visa decision;

(d) granting another visa (other than the visa that is the subject of the relevant visa decision) to a person;

(e) taking any action under or in connection with the relevant migration law as a result of non‑compliance with a condition of a visa (such as criminal proceedings).

(3) To avoid doubt, the validation in subitem (2):

 (a) applies despite any effect it may have on the accrued rights of any person; and

 (b) may result in a person being convicted of an offence constituted by conduct that would, apart from this item, not have constituted an offence at the time the person engaged in the conduct.

(4) For the purpose of applying this item in relation to civil or criminal proceedings, this item applies in relation to:

 (a) civil or criminal proceedings instituted on or after commencement; and

 (b) civil or criminal proceedings instituted before commencement, being proceedings that are concluded:

 (i) before commencement; or

 (ii) on or after commencement.

(5) To avoid doubt, a reference in subitem (4) to instituting proceedings includes bringing an appeal (within the meaning of the Judiciary Act 1903).

Note: An example of an appeal mentioned in subitem (5) is an appeal to the High Court under section 73 of the Constitution.

[Minister’s second reading speech made in—

House of Representatives on 26 August 2025

Senate on 3 September 2025]