The Migration Act 1958 has been updated. Compilation No. 172 shows the law as in force on 8 October 2026 and includes amendments made by Act No. 39, 2026.
The updated legislation contains significant provisions concerning character assessments, removal obligations, Bridging Visa R (Subclass 070), employer sanctions and the validity of certain visa applications.
Character concerns and hate-related conduct
The character framework includes provisions under which a non-citizen may be considered a person of character concern because of links to terrorist organisations or prohibited hate groups, involvement in hate crimes, or hateful public statements, including statements made online.
The application of these provisions will depend on the relevant statutory requirements and the circumstances of each case.
Directions to cooperate with removal
The Minister may direct certain non-citizens to cooperate with their removal from Australia. These directions cannot be given to children or to individuals with a pending protection visa application.
Failure to comply with a direction may attract a maximum penalty of five years’ imprisonment, with a mandatory minimum sentence of 12 months, as specified by the relevant provisions.
Bridging Visa R (Subclass 070) and community safety orders
The updated framework also addresses breaches of Bridging Visa R conditions. A breach may attract up to five years’ imprisonment, with a mandatory minimum sentence of one year.
Where a community safety order comes into force, the person’s existing visa is replaced by a Bridging Visa R that does not carry curfew or electronic monitoring conditions under the relevant statutory arrangement. The interaction between visa conditions, community safety orders and other statutory requirements should be assessed on the facts of each case.
Employer sanctions
Employers who are subject to migrant worker sanctions may be prohibited from hiring temporary visa holders for periods of up to five years, 10 years or indefinitely, depending on the nature of the conduct. Employers who are banned may also be publicly identified.
Visa applications from designated removal concern countries
Certain visa applications made outside Australia by nationals of designated removal concern countries may be invalid under the updated framework, subject to applicable family and humanitarian exceptions. Applicants potentially affected by these provisions should confirm whether an exception applies before lodging a visa application.
Click here:Migration Act 1958 – Compilation No. 172
