EXPLANATORY STATEMENT
Issued by the Minister for Home Affairs
Migration (Arrival Control) Determination 2026
The legislative instrument Migration (Arrival Control) Determination 2026 (LIN 26/040) is made under subsection 84B(1) of the Migration Act 1958 (the Migration Act).
The Migration Amendment (2026 Measures No. 1) Act 2026 (the Amendment Act) received the Royal Assent on 13 March 2026, and commenced on 14 March 2026. The Amendment Act inserted new Subdivision AGA (Arrival control determinations) in Division 3 of Part 2 of the Migration Act. Subdivision AGA establishes a legislative framework for the Minister, acting personally, to make an arrival control determination to effectively regulate the entry of members of certain specified classes of non-citizens who hold temporary visas during periods of international conflict or other events or circumstances occurring outside of Australia.
The object of Subdivision AGA is set out in section 84A of the Migration Act:
… to allow temporary restrictions on the arrival of certain classes of temporary visa holders in Australia, where this is necessary to protect the integrity and sustainability of Australia’s immigration system, including when events or circumstances outside Australia mean that there is an increased risk that certain classes of temporary visa holders will not depart Australia when their visas cease to be in effect.
Subsection 84B(1) of the Migration Act provides that the Minister may, by legislative instrument, make a determination (an arrival control determination) specifying that section 84E (suspension of temporary visas held by non-citizens) applies, either generally or in specified circumstances, to one or more specified classes of non-citizens.
Section 84E of the Migration Act provides that an arrival control determination temporarily ceases the effect of a temporary visa held by a non-citizen if an arrival control determination that is in force applies to the non-citizen, regardless of whether the visa was in effect at the time the determination was made. However, in accordance with subsection 84C(3) of the Migration Act, this provision does not apply to persons in the migration zone when the determination commences.
The arrival control determination in effect suspends the ability of an affected temporary visa holder, who has not been issued a permitted travel certificate, to travel to and enter Australia while the determination is in force. Under subsection 84E(2), if a temporary visa held by a non-citizen has ceased to be in effect under subsection 84E(1), the visa comes into effect again at a particular time during the visa period for the visa if, at that time:
- the arrival control determination is revoked or otherwise ceases to be in effect; or
- the non-citizen ceases to be in a class of non-citizens specified in the determination; or
- the non-citizen becomes a non-citizen to whom the determination does not apply.
The specified class of non-citizens
This legislative instrument is an arrival control determination that specifies, for the purposes of subsection 84B(1) of the Migration Act, a class of non-citizens to whom section 84E of the Act applies. The specified class of non-citizens is a non-citizen:
- who, at any time during the period for which the Determination is in force, holds a Subclass 600 (Visitor) visa; and
- who gave (or caused to be given) to the Minister or to the Department, in relation to the application for that visa, the passport number of a passport that was:
- issued to the non-citizen by the Islamic Republic of Iran; or
- issued to another person by the Islamic Republic of Iran and the non-citizen was included in the passport; and
- for whose visa the Department has made a record that associates that passport number with the grant of that visa.
The effect of section 84E of the Migration Act on members of the specified class
The effect of being in the class specified in the instrument is that under section 84E of the Migration Act, a temporary visa held by a non-citizen in the class ceases to be in effect while the determination that is in force applies to the non-citizen. Therefore, no visa is in effect to enable the non-citizen to travel to and enter Australia during that period.
However, in accordance with subsection 84C(4) of the Migration Act the determination does not apply to a non-citizen who is:
- the spouse, de facto partner or dependent child of an Australian citizen or permanent resident; or
- the parent of a child who is under 18 and who is in Australia.
Subsection 84D(1) of the Migration Act provides that the Minister may issue a certificate (a permitted travel certificate) providing that an arrival control determination does not apply in relation to a particular non-citizen if the Minister is satisfied in all the circumstances that it is appropriate for the determination to not apply to that non-citizen, whether or not this certificate is requested under subsection 84D(2). Under subsection 84D(5) of the Act, the Minister may (in writing) revoke a permitted travel certificate in relation to a non-citizen; however, subsection 84D(5) also provides that the Minister cannot revoke a certificate while the non-citizen is in the migration zone.
The period for which the determination is in force
In accordance with subsection 84B(5) of the Migration Act, in all of the circumstances, the Minister considered it was appropriate for the determination to be in force for a period of six months beginning immediately after the instrument commences.
The instrument commences on the day after it is registered on the Federal Register of Legislation. Further details of the instrument are set out in Attachment A.
Parliamentary scrutiny
Paragraph 84B(13)(a) of the Migration Act provides that section 42 (disallowance) of the Legislation Act 2003 does not apply to an arrival control determination made under subsection 84B(1) of the Migration Act. A statement of compatibility with human rights is therefore not required.
It is appropriate and necessary for this instrument not to be subject to disallowance in order to provide immediate certainty in relation to the effect of the determination, and for the full period specified in the determination. This reflects the matters that are necessary to be weighed by the Minister before exercising the power to make a determination, and where the Minister must be satisfied that it is in the national interest to do so having regard to the objects of the legislation, as set out in section 84A of the Migration Act.
Appropriate accountability to the Parliament is provided under section 84F of the Migration Act, which requires that the Minister must table a copy of the determination and a statement of reasons before each House of the Parliament within two sitting days after the day on which the determination is made. The requirement in subsection 84B(3) of the Migration Act to obtain the written agreement of the Prime Minister and the Minister for Foreign Affairs before making the determination also ensures appropriate oversight.
Consultation
The Department of Home Affairs consulted the Department of the Prime Minister and Cabinet and the Department of Foreign Affairs and Trade in relation to the arrival control determination and related matters, to inform and support consideration of the scope of the specified class of non-citizens and the duration of the determination.
Statutory pre-conditions and requirements to make the determination
Subsection 84B(3) of the Migration Act provides that before making an arrival control determination, the Minister must obtain agreement in writing to the making of the determination from:
- the Prime Minister; and
- the Minister administering the Diplomatic Privileges and Immunities Act 1967 (the Minister for Foreign Affairs).
In accordance with subsection 84B(3) of the Act, before making this instrument, the Minister obtained agreement in writing from the Prime Minister and the Minister for Foreign Affairs to the making of the determination.
Subsection 84B(2) of the Migration Act provides that before making an arrival control determination, the Minister must be reasonably satisfied of the matters set out in that subsection.
In particular, the Minister was reasonably satisfied the conflict involving Iran, Israel and the United States, which commenced on 28 February 2026, is ‘an event or circumstance [that] has occurred, or is occurring, outside Australia’ for the purposes of paragraph 84B(2)(a) of the Migration Act.
The Minister was also reasonably satisfied that the matters set out in subparagraphs 84B(2)(b)(i) and (ii) of the Migration Act apply:
- having regard to the event or circumstance, non-citizens of a kind to whom the determination is to apply may, if they enter Australia on a temporary visa, remain in Australia after the visa ceases to be in effect;
- if the event or circumstance had occurred, or had been occurring, at the time non-citizens of a kind to whom the determination is to apply were to make an application for a temporary visa, the visa may not have been granted.
The Minister was also reasonably satisfied, having regard to the object of the Subdivision AGA of Division 3 of Part 2 of the Migration Act (set out in section 84A), that it is in the national interest to make the determination (as set out in paragraph 84B(2)(c) of the Migration Act).
ATTACHMENT A
Details of the Migration (Arrival Control) Determination 2026
Section 1 – Name of instrument
This section provides that the title of the instrument is the Migration (Arrival Control) Determination 2026.
Section 2 – Commencement
This section provides the instrument commences on the day after it is registered on the Federal Register of Legislation.
Section 3 – Authority
This section provides that the instrument is made under subsection 84B(1) of the Migration Act 1958.
Section 4 – Definition
This section sets out definitions for the purposes of the instrument. The note under the heading of section 4 draws the reader’s attention to expressions that are defined in the Migration Act, including ‘non-citizen’ and ‘passport’.
Section 5 – Period instrument is in force
This section specifies the period for which the determination is in force, which is the period:
- starting at the time the instrument commences; and
- ending at the end of the period of six months that begins on the day after the day the instrument commences.
Under subsection 84B(6) of the Act, an arrival control determination cannot be in force longer than the period of six months beginning on the day after the day the determination commences.
Note 1 under section 5 draws the reader’s attention to subsection 84B(5) of the Migration Act. Subsection 84B(5) provides that an arrival control determination must specify the period for which the determination is in force. This period must not be longer than the period that the Minister considers appropriate in all the circumstances. The Minister has specified the period of six months, having considered that this period is appropriate, given the uncertain and evolving nature of the conflict.
Note 2 under section 5 draws the reader’s attention to subsection 84B(4) of the Migration Act. Subsection 84B(4) provides a personal power of the Minister to revoke a determination made under subsection 84B(1) of the Act.
Section 6 – Class of non-citizens to whom section 84E of the Act applies
Subsection 6(1) provides that for the purposes of subsection 84B(1) of the Migration Act, the class of non-citizens to whom section 84E of the Migration Act applies is the class specified in subsection 6(2).
Under subsection 84B(1) of the Act, the Minister may, by legislative instrument, make an arrival control determination specifying that section 84E (suspension of temporary visas held by non-citizens) applies, either generally or in specified circumstances, to one or more specified classes of non-citizens. The class of non-citizens that is specified is a non-citizen covered by all of paragraphs 6(2)(a), (b) and (c).
Paragraph 6(2)(a) specifies a non-citizen who, at any time during the period the instrument is in force, holds a Subclass 600 (Visitor) visa.
If a non-citizen was granted a Subclass 600 (Visitor) visa before the determination commenced, and there is still a two-month period remaining in the visa period (that is, before the visa period expires) when the determination commences, the non-citizen is covered by paragraph 6(2)(a). Similarly, if a non-citizen holds a Subclass 600 (Visitor) visa that has a visa period that would end after the six-month period for which the determination is in force, that non-citizen would also be covered by paragraph 6(2)(a).
Paragraph 6(2)(b) specifies that the class of non-citizens is a non-citizen who, in relation to the application for the visa mentioned in paragraph 6(2)(a), gave the Minister or the Department a passport number of a passport that was either:
- issued to the non-citizen by the Islamic Republic of Iran; or
- issued to another person by the Islamic Republic of Iran and the non-citizen was included in the passport.
Paragraph 6(2)(b) covers both circumstances where the non-citizen who holds a Subclass 600 (Visitor) visa gave the passport number to the Minister or the Department themselves, as well as circumstances where another party, acting for the non-citizen, gave the passport number to the Minister or the Department (for example, a migration agent).
For paragraph 6(2)(b), the passport may be one that was issued by the Islamic Republic of Iran to the non-citizen, or one that was issued to another person, where the non-citizen is included in that person’s passport. This covers circumstances in which, for example, a child is included in their parent’s passport rather than holding an individual passport.
Paragraph 6(2)(c) specifies that the class of non-citizens is a non-citizen for whose visa the Department has made a record that associates the passport number from the passport mentioned in paragraph 6(2)(b) with the grant of the visa mentioned in paragraph 6(2)(a) (that is, the Subclass 600 (Visitor) visa held by the non-citizen).
The passport number provided in relation to the visa application, and subsequently associated with the visa grant in departmental systems, in effect anchors the visa as having been granted to a non-citizen who held an Iranian passport (and who gave details of that passport to the Department for visa purposes, including to travel to Australia). It is not relevant whether the non-citizen provided details of a different passport (including a passport issued by a different country) at any other time, or has subsequently provided details of a new Iranian passport (for example, where the passport the non-citizen held at the time of visa grant has subsequently expired and been replaced).
The note at the end of section 6 sets out an example in which an applicant for a Visitor (Class FA) visa provides details of their Iranian passport to the Department when completing the visa application form and lodging the visa application (either personally or via an agent). If the applicant was granted a Subclass 600 (Visitor) visa, the details of their Iranian passport, including the passport number, are recorded and associated with the visa grant record in relevant departmental systems.
The Minister may issue a permitted travel certificate under section 84D of the Migration Act to a non-citizen to whom the arrival control determination applies. The certificate may provide that the arrival control determination does not apply in relation to the non-citizen if the Minister is satisfied in all the circumstances that it is appropriate for the determination to not apply to that non-citizen, whether or not the certificate is requested under subsection 84D(2) of the Migration Act. The Minister’s power to issue a permitted travel certificate is delegable, under subsection 496(1) of the Migration Act. Any exercise of the power by a delegate of the Minister would be supported and informed by departmental policies and procedures, including in relation to circumstances in which it would generally be appropriate to issue a certificate.