Julian Hill (Bruce, Australian Labor Party, Assistant Minister for Citizenship, Customs and Multicultural Affairs) Share this | Hansard source

I move:

That this bill be now read a second time.

The Australian government is committed to ensuring Australia's migration system works in Australia's national interest. At any point in time, there are many temporary visa holders outside Australia holding a temporary right of entry to Australia granted to support travel for a genuinely temporary purpose like a holiday or attending a conference.

The current situation in the Middle East demonstrates how quickly circumstances can change that may impact whether those temporary visa holders could fulfil that temporary purpose in Australia, including whether they would leave Australia should they travel here. In these circumstances, it is vital that government can respond appropriately, including by placing temporary limitations on the ability of certain cohorts of non-citizens from travelling to Australia.

Without legislative change, the only way to prevent travel to Australia by persons holding valid visas is to individually assess whether there are grounds to cancel each visa—a process which is not suited to responding efficiently to international conflict or other rapid international developments where thousands of visas may be affected simultaneously.

As we have seen with this conflict and recent global shocks, the migration system must be able to respond quickly and at scale to events where it may be necessary to limit travel to Australia on a temporary basis.

The Migration Amendment (2026 Measures No. 1) Bill 2026 will allow temporary restrictions on the arrival of certain classes of temporary visa holders in Australia, where it is necessary to protect the integrity and sustainability of Australia's immigration system. This includes when events or circumstances outside Australia mean that there is an increased risk that certain temporary visa holders will not depart Australia.

The bill will expressly provide the Minister for Home Affairs, with the written agreement of the Prime Minister and Minister for Foreign Affairs, the power to make an 'arrival control determination' in relation to a class or classes of non-citizens.

The minister may make an arrival control determination where an event or circumstance has occurred or is occurring outside Australia—and where one or both of the following apply:

The minister must also be satisfied that it is in the national interest to make the determination.

This would result in the temporary prevention of travel to Australia for those temporary visa holders covered by the determination, while it is in force. This will provide the government with time to assess the evolving situation and take the necessary steps to manage any risk to our national interest.

This bill will strengthen the migration system and enable government to respond rapidly to any international crisis—importantly with a range of safeguards applying to this power.

The determination is limited to temporary visas. It cannot be exercised in relation to any permanent visas.

The determination can only be in effect for up to six months. It cannot be varied or extended, and must not be longer than the period that the minister considers appropriate in all the circumstances.

A new determination can be issued upon expiry, but only where all elements of the legislative test are met.

The determination will not impact a visa held by a non-citizen who is in Australia at the time the determination is made.

This bill recognises the importance of family reunion and our international commitments. The bill expressly provides that the power to suspend a temporary visa will not apply, if at the time the determination is made, the non-citizen is:

a. The parent of a child under 18 years old who is in Australia,

b. An immediate family member of an Australian citizen or permanent resident.

c. The holder of a temporary protection, refugee or humanitarian visa, or person who holds a bridging visa granted in association with one of these visas.

There will also be the ability to exempt individuals from the determination on a case by case basis, enabling travel for those individuals by issuing a permitted travel certificate. This balances the need to act rapidly with flexibility to support certain individuals where appropriate—for example, in compelling or compassionate cases, or where it is in Australia's foreign policy interest or the public interest to do so.

The determination would be required to be tabled in both houses of parliament, together with a statement of reasons. If any 'permitted travel certificates' are issued, the legislation also requires the minister to table a report on the number issued in each six-month period. These requirements provide for appropriate transparency and accountability in relation to the exercise of the powers in this legislation.

The determination will not operate to cancel anyone's visa or refuse the grant of a visa application. Once a determination ends, visa holders will be able to travel if their visa period is longer than the determination. If a noncitizen's temporary visa expires during the period of the determination, they are eligible to apply for a further visa. The determination suspends travel to Australia while it is in force—it is not a bar on visa applications. Any new visa application would be appropriately considered having regard to the applicant's intention, circumstances and other relevant matters at that time.

This new framework will ensure that government can quickly take the necessary steps to manage risk before it manifests in Australia.

It will also ensure that where risks can be appropriately managed, that travel limitations can be lifted as soon as it is in the national interest to do so. This bill allows Australia's visa system to continue to operate effectively and to the benefit of Australia. I commend the bill to the House.

See this speech in context