{"id":"F2018L01257","name":"Migration (IMMI 18/002: Eligible Passports) Instrument 2018","slug":"migration-immi-18-002-eligible-passports-instrument-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439764,"registerId":"F2018L01257-fast-fetch-1775955660862","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Migration (IMMI 18/002: Eligible Passports) Instrument 2018","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\nMigration (IMMI 18/002: Eligible Passports) Instrument 2018\n\nI, Michael Pezzullo, Secretary of the Department of Home Affairs, make the following instrument.\n\nDated 24 August 2018\n\n Michael Pezzullo\n\nMichael Pezzullo\n\nSecretary of the Department of Home Affairs\n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Schedules\n\nPart 2—Determination of Eligible Passports\n\n6  Eligible passports for section 165 of the Act\n\nSchedule 1 – Travel documents with certain characteristics that are not ‘eligible passports’ for section 165 of the Act\n\nSchedule 2 – Specified travel documents that are not ‘eligible passports’ for section 165 of the Act\n\nSchedule 3 — Repeals\n\nIMMI 14/079 (F2014L01165): Eligible Passports Instrument 2014\n\n \n\n \n\nPart 1—Preliminary\n\n1  Name\n\n1.            This instrument is the Migration (IMMI 18/002: Eligible Passports) Instrument 2018.\n2.            This instrument may be cited as IMMI 18/002.\n\n\n2  Commencement\n\nThis instrument commences on the day after the instrument is registered on the Federal Register of Legislation.\n\n3  Authority\n\nThis instrument is made under section 175A of the Act.\n\n4  Definitions\n\nNote:  A number of expression used in this instrument are defined in the Act, including the term passport.\n\nIn this instrument:\n\nAct means Migration Act 1958.\n\n5  Schedules\n\nEach instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.\n\n\n\n\nPart 2—Determination of Eligible Passports\n\n6  Eligible passports for section 165 of the Act\n\nDetermine that for the purposes of the definition of ‘eligible passport’ in section 165 of the Act, all valid passports are ‘eligible passports’ with the exception of the following specified travel documents:\n\n1.            travel documents with certain characteristics specified in Schedule 1 to this instrument; and\n2.            travel documents specified in Schedule 2 to this instrument.\n\n\n\n\n\nSchedule 1 – Travel documents with certain characteristics that are not ‘eligible passports’ for section 165 of the Act\n\n1.            Group passports (eg. a passport issued to a sporting team) other than a family;\n2.            Travel document or passport which has been damaged, accidentally or otherwise, in such a way that the name, the photograph, the personal details or other important information have been obscured or pages are missing or where it is not possible to confirm conclusively the holder’s identity because of such damage;\n3.            In the case of permanent visas, travel document or passport endorsed by the issuing authority to the effect that it is not valid for migration;\n4.            In the case of temporary visas, travel document or passport which is not endorsed, or is not accompanied by separate evidence of, a right of re-entry to the issuing country or another country;\n5.            Travel document or passport where endorsement of the document would indicate recognition of the issuing authority contrary to Australian Government foreign policy; or\n6.            Travel document or passport issued by an entity which is not recognised by the Australian Government as empowered to issue travel documents.\n\n\n \n\n\n\n\nSchedule 2 – Specified travel documents that are not ‘eligible passports’ for section 165 of the Act\n\n \n\n| Item | Specified Travel Documents |\n| --- | --- |\n| 1 | Indigenous/Aboriginal Nation passport |\n| 2 | Abkhazia and South Ossetia passport and travel documents |\n| 3 | Royal Albanian passport (issued by the Royal Albanian Government in exile) |\n| 4 | ‘British Dependent Territories Citizen’ passport titled ‘United Kingdom of Great Britain and Northern Ireland’ without reference to the European Union (EU) (except where the passport contains a certificate or wet stamp stating that the bearer has indefinite leave to remain in the United Kingdom or the passport is endorsed with a right of re-entry to the country of issue or another country) |\n| 5 | ‘British Overseas Citizen’ passport titled ‘United Kingdom of Great Britain and Northern Ireland’ without reference to the European Union (EU) (except where the passport contains a certificate or wet stamp stating that the bearer has indefinite leave to remain in the United Kingdom or the passport is endorsed with a right of re-entry to the country of issue or another country) |\n| 6 | Kingdom of Cambodia normal series passport with concertina pages purporting to be additions and extensions |\n| 7 | Principality of Castellania passport |\n| 8 | Cook Islands Certificate of Identity |\n| 9 | Democratic Republic of the Congo (formerly known as Zaire) 36 page Passport with soft/supple dark green cover in smooth cardboard \"carton\" bearing the words \"Republique du Zaire\" with a passport number starting Z |\n| 10 | Democratic Republic of the Congo diplomatic and service 32 page Passport with soft/supple dark green cover in smooth cardboard ‘carton’ bearing the words \"Republique du Zaire\" with a passport number starting Z |\n| 11 | German Democratic Republic (GDR) passport and travel documents |\n| 12 | Hong Kong Certificate of Residence |\n| 13 | Hutt River Province passport (issued by Leonard Casley, a.k.a. Prince Leonard) |\n| 14 | International Parliament for Safety and Peace Identity Card (incorporated in the United States) |\n| 15 | Indonesian Travel Document in Lieu of a Passport [Surat Perjalana Laksana Paspor] with a red cover |\n| 16 | Indonesian Passport for Aliens [Paspor Untuk Orang Asing] |\n| 17 | International Red Cross Travel Certificate |\n| 18 | Knights of Malta passport |\n| 19 | Portuguese Alien's Passport issued by the former Portuguese administration in Macau |\n| 20 | Maori Kingdom of Tetiti travel documents |\n| 21 | Nagorny-Karabakh travel documents |\n| 22 | Planetary Passport issued by the World Association of World Federalists |\n| 23 | Principality of Seborga passport |\n| 24 | Principality of Sealand passport |\n| 25 | Somali passport and travel documents |\n| 26 | Taiwan Official/Diplomatic travel documents |\n| 27 | Taiwanese “compatriot” documents (except where the passport holder has evidence of a separate right of re-entry into the issuing country or another country) |\n| 28 | Tongan National Passports (except where the bearer has satisfactory evidence of Tongan nationality) |\n| 29 | Tongan Protected Persons Passport |\n| 30 | Turkish-Cypriot travel documents and passports issued by the Turkish Republic of Northern Cyprus. |\n| 31 | ‘United Kingdom of Great Britain and Northern Ireland’ passport without reference to the European Union (EU) containing, usually on page 5, the notation \"the holder is subject to control under the Immigrant Act 1971\" (except where the passport contains a certificate or wet stamp stating that the bearer has indefinite leave to remain in the United Kingdom or the passport is endorsed with a right of re-entry to the country of issue or another country) |\n| 32 | World Service Authority Passport |\n| 33 | World Passport (Provincial World Government document issued by the United World Service Authority 270 Park Avenue, New York) |\n\n\n \n\n\n\n\nSchedule 3 — Repeals\n\nIMMI 14/079 (F2014L01165): Eligible Passports Instrument 2014\n\n1.       The whole of the instrument\n\n\nRepeal the instrument.\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This instrument repeals the previous Eligible Passports Instrument 2014 in full (Schedule 3) and restates the legal rule that all valid passports are 'eligible passports' except those matching the two schedules (s6; Schedules 1–2). The instrument therefore replaces the prior instrument’s framework with the current specific exceptions list and related criteria; any change in substantive coverage depends on differences between the old and new schedules (Schedule 3)."},"complexity_factors":["Broad default rule with targeted negative lists rather than positive criteria: all valid passports are eligible except those identified (s6).","Extensive enumerated exceptions creating a long, specific blacklist of documents to check (Schedule 2).","Qualitative exception categories that require factual assessment (e.g. damaged passports; lack of re‑entry evidence; endorsements contrary to foreign policy) which increase adjudication complexity (Schedule 1 items 2, 4, 5).","Discretion and external reference points: instrument is made under Secretary’s power (Authority) and refers to Australian Government recognition/foreign policy, importing external executive judgments (s3; Schedule 1 item 5).","Cross‑references to definitions and concepts in the Migration Act (the term 'passport' and section 165), requiring users to consult primary legislation to determine legal effect (Definitions; s6).","Compliance burden on individuals to produce documentary evidence (e.g. right of re‑entry, nationality evidence) in specific cases (Schedule 1 items 3 and 4).","Administrative maintenance burden from repealing and replacing the 2014 instrument and keeping the specific lists current (Schedule 3)."],"plain_english_summary":"This instrument decides which travel documents count as an ‘eligible passport’ for the Migration Act. It treats all valid passports as eligible except for documents that match the characteristics in Schedule 1 or the specific documents listed in Schedule 2. It is relevant to people using passports for migration purposes and to officials who verify identity, nationality and re‑entry rights, because those verifications determine whether a passport meets the instrument’s exceptions."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument maintains its original narrow purpose: specifying which passports are valid for migration purposes. It is a direct replacement of the 2014 instrument (IMMI 14/079) with the same basic structure and function. The scope has not expanded beyond its original intent of defining 'eligible passport' for section 165 of the Migration Act 1958."},"complexity_factors":["Short instrument (approximately 4 substantive pages)","Simple structure: preliminary provisions, one operative section, three schedules","Only 1 defined term ('Act') in the interpretation section","No nested conditional logic or cross-references to other legislation beyond the basic empowering provision (section 175A of the Migration Act 1958)","Schedule 2 contains a straightforward tabular list of 33 excluded documents with minimal conditional language (mostly simple 'except where' clauses)","Some complexity in Schedule 1 items 3-4 and Schedule 2 items 4-5, 27, 28, 31 which contain conditional exceptions to the exclusions (e.g., British passports without EU references are excluded UNLESS they contain indefinite leave to remain stamps)","Straightforward repeal mechanism in Schedule 3 replacing the 2014 instrument"],"plain_english_summary":"This instrument defines which passports count as “eligible” for Australian migration: generally valid passports are accepted, but specified exceptions and a banned list mean certain damaged, group, obsolete, non‑state or otherwise non‑recognised travel documents won’t be accepted. \n\nIt affects visa applicants, border officers and holders of unusual or disputed travel documents. It matters because it prevents fraud, stops use of obsolete or mock travel papers, and avoids implying diplomatic recognition of authorities Australia does not recognise."}},"importantCases":[],"_links":{"self":"/api/acts/migration-immi-18-002-eligible-passports-instrument-2018","history":"/api/acts/migration-immi-18-002-eligible-passports-instrument-2018/history","analysis":"/api/acts/migration-immi-18-002-eligible-passports-instrument-2018/analysis","conflicts":"/api/acts/migration-immi-18-002-eligible-passports-instrument-2018/conflicts","importantCases":"/api/acts/migration-immi-18-002-eligible-passports-instrument-2018/important-cases","documents":"/api/acts/migration-immi-18-002-eligible-passports-instrument-2018/documents"}}