Australia's new immigration law raises questions for international students and workers
Introduced through the Migration Amendment (2026 Measures No. 1) Act 2026, the legislation amends Australia’s Migration Act 1958 and empowers the Minister for Home Affairs to issue an arrival control determination
- Oct 22, 2026,
- Updated Oct 22, 2026 1:45 AM IST
Australia’s new arrival control law has raised questions among international students, temporary workers and visitors who travel overseas and plan to return to the country. For Indian nationals studying or working in Australia, the key concern is whether a visa that remains valid could still become unusable for re-entry if the government introduces restrictions while they are abroad.
However, the law does not impose a blanket travel ban on Indian students or temporary workers. Its impact depends on the specific government order issued, the visa category covered and the circumstances of the individual traveller.
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What is Australia’s new arrival control law?
Introduced through the Migration Amendment (2026 Measures No. 1) Act 2026, the legislation amends Australia’s Migration Act 1958 and empowers the Minister for Home Affairs to issue an arrival control determination.
Under this provision, the government can temporarily suspend the effect of certain temporary visas held by specified groups of people who are outside Australia. Such restrictions may be introduced in response to overseas circumstances that could affect the original basis for granting visas or increase the risk of visa holders remaining in Australia beyond their permitted stay.
The minister must satisfy the prescribed legal conditions and consider the national interest. Written agreement from the Prime Minister and the Minister responsible for diplomatic privileges and immunities is also required.
Who could be affected?
The first arrival control determination, announced on March 25, 2026, targeted people outside Australia holding Visitor (Subclass 600) visas linked to Iranian passports. The restriction was initially scheduled to remain in effect for six months.
This measure did not automatically cover all international visitors, students or temporary workers. The government specified the group affected by that particular order.
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However, the legislation allows future determinations to identify other categories of visa holders. Indian students, professionals and business travellers are therefore not automatically affected, but they should check whether any subsequent order applies to their visa and circumstances.
For example, an Indian student returning home during a semester break or a professional travelling between work assignments could face difficulties re-entering Australia if a relevant determination takes effect while they are overseas.
Are there any exemptions?
The legislation provides exemptions for certain categories, including holders of specified humanitarian visas and some family members of Australian citizens and permanent residents. Parents of children under 18 who are in Australia are also covered by an exemption.
The minister may issue a permitted travel certificate allowing an individual to travel despite an applicable determination. However, the minister is not required to consider every request, meaning travellers should not rely on this option as a guaranteed solution.
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What should Indian travellers do?
Indian students, workers and visitors should check the Australian Department of Home Affairs website before booking international travel. They should verify their visa subclass, review any active arrival control determination and establish whether an exemption applies.
Travellers should also confirm their re-entry position before leaving Australia, particularly if their travel dates are flexible or their visa circumstances have changed.
Australia’s new arrival control law has raised questions among international students, temporary workers and visitors who travel overseas and plan to return to the country. For Indian nationals studying or working in Australia, the key concern is whether a visa that remains valid could still become unusable for re-entry if the government introduces restrictions while they are abroad.
However, the law does not impose a blanket travel ban on Indian students or temporary workers. Its impact depends on the specific government order issued, the visa category covered and the circumstances of the individual traveller.
READ THIS: Australia ends 'visa hopping': How new rules affect Indian students from October 2
What is Australia’s new arrival control law?
Introduced through the Migration Amendment (2026 Measures No. 1) Act 2026, the legislation amends Australia’s Migration Act 1958 and empowers the Minister for Home Affairs to issue an arrival control determination.
Under this provision, the government can temporarily suspend the effect of certain temporary visas held by specified groups of people who are outside Australia. Such restrictions may be introduced in response to overseas circumstances that could affect the original basis for granting visas or increase the risk of visa holders remaining in Australia beyond their permitted stay.
The minister must satisfy the prescribed legal conditions and consider the national interest. Written agreement from the Prime Minister and the Minister responsible for diplomatic privileges and immunities is also required.
Who could be affected?
The first arrival control determination, announced on March 25, 2026, targeted people outside Australia holding Visitor (Subclass 600) visas linked to Iranian passports. The restriction was initially scheduled to remain in effect for six months.
This measure did not automatically cover all international visitors, students or temporary workers. The government specified the group affected by that particular order.
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However, the legislation allows future determinations to identify other categories of visa holders. Indian students, professionals and business travellers are therefore not automatically affected, but they should check whether any subsequent order applies to their visa and circumstances.
For example, an Indian student returning home during a semester break or a professional travelling between work assignments could face difficulties re-entering Australia if a relevant determination takes effect while they are overseas.
Are there any exemptions?
The legislation provides exemptions for certain categories, including holders of specified humanitarian visas and some family members of Australian citizens and permanent residents. Parents of children under 18 who are in Australia are also covered by an exemption.
The minister may issue a permitted travel certificate allowing an individual to travel despite an applicable determination. However, the minister is not required to consider every request, meaning travellers should not rely on this option as a guaranteed solution.
ALSO READ: US visa uncertainty: Where can Indian tech professionals find jobs beyond America?
What should Indian travellers do?
Indian students, workers and visitors should check the Australian Department of Home Affairs website before booking international travel. They should verify their visa subclass, review any active arrival control determination and establish whether an exemption applies.
Travellers should also confirm their re-entry position before leaving Australia, particularly if their travel dates are flexible or their visa circumstances have changed.