Australia: New Restrictions Introduced for Arrival of Certain Temporary Visa Holders; Iranian Visitors Affected

The situation 

The Australian government has introduced new legislative provisions allowing the Minister for Immigration (the Minister) to regulate the entry of specified classes of temporary visa holders where it is deemed in the national interest. These powers are designed to enable the government to respond more effectively to overseas events and manage pressures on the migration system. 

A closer look 

• • Arrival control determinations. The Minister may now issue an “arrival control determination” to temporarily restrict travel to Australia for certain classes of temporary visa holders. Determinations must be made personally by the Minister, be in the national interest, and be supported by written agreement from both the Prime Minister and the Minister for Foreign Affairs, and may remain in effect for a maximum period of six months. Scope. Determinations will not apply to: 
    • • Holders of protection or humanitarian visas, or related bridging visas; 
      • Individuals already in Australia at the time the determination takes effect; and 
      • Certain family members of Australian citizens or permanent residents, including parents of children under 18 in Australia and spouses, de facto partners, and dependent children. 
  • First determination for Iranian visitors. The first determination temporarily restricts Iranian Visitor (Subclass 600) visa holders who are outside Australia from entering Australia, for six months. The determination does not pause the validity of a visa, which means if the affected visa is still valid when the determination ends, it can be used for travel at that time. If the affected visa expires while the determination is in force, a new visa application will be required to travel to Australia. Iranian passport holders who wish to travel on their Subclass 600 visa to Australia during the enforcement period will need to complete an Arrival Control Determination check (if they are in the non-affected group); or obtain a Permitted Travel Certificate (if they are in the affected group). Requests for an Arrival Control Determination check and a Permitted Travel Certificate must be submitted through the Arrival Control Determination Portal. Applicants should submit Arrival Control Determination requests at least two weeks before they travel, and no more than two months before their travel date.  
    • • The determination does not apply to the following Visitor visa holders with Iranian passports (i.e. these individuals are in the non-affected group and are only required to complete an Arrival Control Determination check):  
        • •  the spouse, de facto partner or dependent child of an Australian citizen, an Australian permanent visa holder, or an Australian resident who is not subject to a time limitation (such as a New Zealand citizen);  
          • the parent of a child who is under 18 and in Australia;  
          • the holder of a temporary protection or humanitarian visa (or an associated bridging visa); and  
          • a person who was in Australia when the Arrival Control Determination commenced. 
  • Discretionary exemptions. The Minister may grant exemptions on a case-by-case basis, including in compelling or compassionate circumstances or situations aligned with Australia’s foreign policy or broader public interest. Individuals who are not granted an exemption remain in the affected group and must obtain a Permitted Travel Certificate prior to travel. 
  • Interaction with existing powers. These provisions will operate alongside existing visa cancellation powers, enabling broader, class-based restrictions rather than individual visa decisions. 

Impact 

The new framework introduces a policy tool that allows the government to quickly limit inbound travel for defined groups of temporary visa holders. 

Iranian nationals seeking to travel to Australia should be aware of the new restrictions and seek guidance for exemptions and entry rules. 

Background 

The legislation was introduced to strengthen Australia’s ability to respond to international developments, such as conflicts or humanitarian crises, that may lead to increased migration pressures. 

By enabling class-based restrictions, the government aims to better manage system capacity and maintain the integrity of migration processes. 

Looking ahead 

Employers and visa applicants should be aware of the potential for sudden, short-term travel restrictions affecting specific visa categories or nationalities. 

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at  Fragomen.