Arrival control determinations and banning temporary visa holders from entering Australia
In early March 2026, the government passed legislation to give the Minister for Home Affairs the power to temporarily ban visitors from certain countries from travelling to Australia. The Bill was introduced the same day as the government proudly issued humanitarian visas to members of the Iranian football team. This Explainer, published on 30 March 2026, describes the new laws and their operation in the context of the war in Iran.
Breakdown of the legislation
The Migration Amendment (2026 Measures No 1) Act 2026 allows the Minister for Home Affairs to make an ‘arrival control determination’ to prevent certain cohorts of non-citizens from travelling to Australia, even if they possess a valid visa. The aim of the amendment is to temporarily restrict the arrival of certain groups of temporary visa holders “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”. Representatives of the Department of Home Affairs noted that the Bill was introduced to respond to the events in Iran and the wider region.
An ‘arrival control determination’ can be put in place for up to six months, and it can be repeatedly exercised for the same group of citizens or countries. There are certain groups, such as those holding a refugee or humanitarian visa, that the determination would not apply to.
On March 25, the Department announced that an Arrival Control Determination would apply to Iranian nationals who hold visitor visas. The ban took effect on March 26. The Minister said that they will consider exemptions on a case-by-case basis and continue to monitor developments. Home Affairs officials reported that the ban would last six to twelve months and could affect roughly 61,000 temporary visa holders in the Middle East.
On March 28, ABC reported that the ban would block over 7,000 Iranians already holding visitor visas from travelling to Australia.
Commentary
The Iranian diaspora in Australia have told the media that they “feel like they are being targeted” and that the government’s decision could be seen as “racist”. They have also highlighted the contrast with Australia’s response to the war in Ukraine, when the government encouraged Ukrainians fleeing the conflict to apply for temporary and visitor visas, and processed the applications as a “top priority”.
Human Rights Law Centre argued that the legislation further prevents people from exercising their right to seek asylum. In effect, the “only remaining process for receiving refugees [will be] through its highly selective and restrictive ‘offshore’ humanitarian visa program.”
The powers are wide-ranging and fundamentally unnecessary, as the department has the authority to cancel issued visas if they suspect that the individual is not a genuine entrant.
Academics have remarked that the bill replicates Trumps’ discriminatory travel ban. “In a humanitarian crisis, Australia should provide emergency protection – not shut the door with policies ripped from President Trump’s playbook”.
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Last updated 30 March 2026