This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 14 March 2026 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au).
Application, saving and transitional provisions
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Presentational changes
The Legislation Act 2003 provides for First Parliamentary Counsel to make presentational changes to a compilation. Presentational changes are applied to give a more consistent look and feel to legislation published on the Register, and enable the user to more easily navigate those documents.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. Any modifications affecting the law are accessible on the Register.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Repeal and savings
3A Act not to apply so as to exceed Commonwealth power
3B Compensation for acquisition of property
4 Object of Act
4AA Detention of minors a last resort
4A Application of the Criminal Code
5 Interpretation
5AAA Non‑citizen’s responsibility in relation to protection claims
5AA Meaning of unauthorised maritime arrival
5AB Sentencing for offences
5A Meaning of personal identifier
5B When personal identifier taken not to have been provided
5BA References to photograph or other image of person’s face
5BB Providing photographs and other images of faces to authorised systems
5BC Providing photographs and other images of faces to Minister and authorised officers
5C Meaning of character concern
5CA Child of a person
5CB De facto partner
5D Limiting the types of identification tests that authorised officers may carry out
5E Meaning of purported privative clause decision
5F Spouse
5G Relationships and family members
5H Meaning of refugee
5J Meaning of well‑founded fear of persecution
5K Membership of a particular social group consisting of family
5L Membership of a particular social group other than family
5LA Effective protection measures
5M Particularly serious crime
6 Effect of limited meaning of enter Australia etc.
7 Act to extend to certain Territories
7A Effect on executive power to protect Australia’s borders
8 Certain resources installations to be part of Australia
9 Certain sea installations to be part of Australia
9A Migration zone etc.—offshore resources activities
10 Certain children taken to enter Australia at birth
11 Visa applicable to 2 or more persons
11A When applications under this Act are finally determined
12 Application of Part VA of the Marriage Act
Part 2—Arrival, presence and departure of persons
Division 1—Immigration status
13 Lawful non‑citizens
14 Unlawful non‑citizens
15 Effect of cancellation of visa on status
16 Removal of immigration rights of inhabitant of Protected Zone
17 Pre‑cleared flights
Division 2—Power to obtain information and documents about unlawful non‑citizens
18 Power to obtain information and documents about unlawful non‑citizens
19 Scales of expenses
20 Reasonable compensation
21 Failure to comply with section 18 notice
24 Information and documents that incriminate a person
25 Copies of documents
26 Minister may retain documents
27 Division binds the Crown
Division 3—Visas for non‑citizens
Subdivision A—General provisions about visas
28 Interpretation
29 Visas
30 Kinds of visas
31 Classes of visas
32 Special category visas
33 Special purpose visas
34 Absorbed person visas
35 Ex‑citizen visas
35A Protection visas—classes of visas
36 Protection visas—criteria provided for by this Act
36A Consideration of protection obligations
37 Bridging visas
37A Temporary safe haven visas
38 Criminal justice visas
38A Enforcement visas
38B Maritime crew visas
39 Criterion limiting number of visas
39A Minimum annual numbers of Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas
40 Circumstances for granting visas
41 Conditions on visas
42 Visa essential for travel
43 Visa holders must usually enter at a port
Subdivision AA—Applications for visas
44 Extent of following Subdivisions
45 Application for visa
45AA Application for one visa taken to be an application for a different visa
45A Visa application charge
45B Amount of visa application charge
45C Regulations about visa application charge
46 Valid visa application
46AA Visa applications, and the grant of visas, for some Act‑based visas
46A Visa applications by unauthorised maritime arrivals
46B Visa applications by transitory persons
46C Visa pre‑application process
47 Consideration of valid visa application
48 Non‑citizen refused a visa or whose visa cancelled may only apply for particular visas
48A No further applications for protection visa after refusal or cancellation
48B Minister may determine that section 48A does not apply to non‑citizen
49 Withdrawal of visa application
50 Only new information to be considered in later protection visa applications
51 Order of consideration
Subdivision AB—Code of procedure for dealing fairly, efficiently and quickly with visa applications
51A Exhaustive statement of natural justice hearing rule
52 Communication with Minister
54 Minister must have regard to all information in application
55 Further information may be given
56 Further information may be sought
57 Certain information must be given to applicant
58 Invitation to give further information or comments
59 Interviews
60 Medical examination
61 Prescribed periods
62 Failure to receive information does not require action
63 When decision about visa may be made
64 Notice that visa application charge is payable
Subdivision AC—Grant of visas
65 Decision to grant or refuse to grant visa
66 Notification of decision
67 Grant and refusal of visa—how and when
68 When visa is in effect
69 Effect of compliance or non‑compliance
Subdivision AF—Bridging visas
72 Interpretation
73 Bridging visas
74 Further applications for bridging visa
75 When eligible non‑citizen in immigration detention granted visa
76 Bridging visa not affect visa applications
76AAA Cessation of certain bridging visas—holder has permission to enter and remain in another country
76A Cessation of certain bridging visas, and grant of new visas, for certain non‑citizens
76AA Effect of community safety order on visa held by non‑citizen etc.
76B Offence relating to monitoring conditions of certain bridging visas
76C Offence relating to requirement to remain at notified address
76D Offences relating to monitoring device and related monitoring equipment
76DAA Offence relating to requirement not to perform certain work etc.
76DAB Offence relating to requirement not to go within certain distance of a school etc.
76DAC Offence relating to requirement not to contact victim of offence etc.
76DA Mandatory 1 year imprisonment for offences
76E Rules of natural justice do not apply to decision to grant certain bridging visas
76F Powers of officers etc.
Subdivision AG—Other provisions about visas
77 Visas held during visa period
78 Children born in Australia
79 Effect on visa of leaving Australia
80 Certain persons taken not to leave Australia
81 Extent of visa authority
82 When visas cease to be in effect
83 Certain persons taken to be included in spouse, de facto partner or parent’s visa
84 Minister may suspend processing of visa applications
Subdivision AGA—Arrival control determinations
84A Object of Subdivision
84B Minister may make arrival control determinations
84C Arrival control determination does not apply in relation to certain kinds of non‑citizens
84D Minister may certify that arrival control determination does not apply in relation to a particular non‑citizen
84E Temporary visas of non‑citizens in class specified in arrival control determination cease to be in effect etc.
84F Statement relating to arrival control determination etc. to be laid before Parliament
Subdivision AH—Limit on visas
85 Limit on visas
86 Effect of limit
87 Limit does not prevent visas for certain persons
87A Limit does not prevent the grant of visas to certain people who are unable to meet health or character requirements before the limit applies because of circumstances beyond their control
88 Limit does not affect processing of applications
89 Determination of limit not to mean failure to decide
90 Order of dealing with limited visas
91 Order of dealing with visas
Subdivision AI—Safe third countries
91A Reason for Subdivision
91B Interpretation
91C Non‑citizens covered by Subdivision
91D Safe third countries
91E Non‑citizens to which this Subdivision applies unable to make valid applications for certain visas
91F Minister may determine that section 91E does not apply to non‑citizen
91G Applications made before regulations take effect
Subdivision AJ—Temporary safe haven visas
91H Reason for this Subdivision
91J Non‑citizens to whom this Subdivision applies
91K Non‑citizens to whom this Subdivision applies are unable to make valid applications for certain visas
91L Minister may determine that section 91K does not apply to a non‑citizen
Subdivision AL—Other provisions about protection visas
91V Verification of information
91W Evidence of identity and bogus documents
91WA Providing bogus documents or destroying identity documents
91WB Application for protection visa by member of same family unit
91X Names of applicants for protection visas not to be published by the High Court, Federal Court or Federal Circuit and Family Court of Australia (Division 2)
Subdivision B—The “points” system
92 Operation of Subdivision
93 Determination of applicant’s score
94 Initial application of “points” system
95 Applications in pool
95A Extension of period in pool
96 Minister may set pool mark and pass mark
Subdivision C—Visas based on incorrect information may be cancelled
97 Interpretation
97A Exhaustive statement of natural justice hearing rule
98 Completion of visa application
99 Information is answer
100 Incorrect answers
101 Visa applications to be correct
102 Passenger cards to be correct
103 Bogus documents not to be given etc.
104 Changes in circumstances to be notified
105 Particulars of incorrect answers to be given
106 Obligations to give etc. information is not affected by other sources of information
107 Notice of incorrect applications
107A Possible non‑compliances in connection with a previous visa may be grounds for cancellation of current visa
108 Decision about non‑compliance
109 Cancellation of visa if information incorrect
110 Cancellation provisions apply whatever source of knowledge of non‑compliance
111 Cancellation provisions apply whether or not non‑compliance deliberate
112 Action because of one non‑compliance does not prevent action because of other non‑compliance
113 No cancellation if full disclosure
114 Effect of setting aside decision to cancel visa
115 Application of Subdivision
Subdivision D—Visas may be cancelled on certain grounds
116 Power to cancel
117 When visa may be cancelled
118 Cancellation powers do not limit or affect each other
Subdivision E—Procedure for cancelling visas under Subdivision D in or outside Australia
118A Exhaustive statement of natural justice hearing rule
119 Notice of proposed cancellation
120 Certain information must be given to visa holder
121 Invitation to give comments etc.
122 Prescribed periods
123 Failure to accept invitation not require action
124 When decision about visa cancellation may be made
125 Application of Subdivision to non‑citizen in immigration clearance
126 Application of Subdivision to non‑citizen in questioning detention
127 Notification of decision
Subdivision F—Other procedure for cancelling visas under Subdivision D outside Australia
127A Exhaustive statement of natural justice hearing rule
128 Cancellation of visas of people outside Australia
129 Notice of cancellation
130 Prescribed periods
131 Decision about revocation of cancellation
132 Notification of decision about revocation of cancellation
133 Effect of revocation of cancellation
Subdivision FA—Additional personal powers for Minister to cancel visas on section 109 or 116 grounds
133A Minister’s personal powers to cancel visas on section 109 grounds
133B Other provisions relating to the exercise of powers in section 133A
133C Minister’s personal powers to cancel visas on section 116 grounds
133D Cancellation under subsection 133A(1) or 133C(1)—method of satisfying Minister of matters
133E Cancellation under subsection 133A(1) or 133C(1)—notice of cancellation
133F Cancellation under subsection 133A(3) or 133C(3)—Minister may revoke cancellation in certain circumstances
Subdivision FB—Emergency cancellation on security grounds
134A Natural justice
134B Emergency cancellation on security grounds
134C Decision about revocation of emergency cancellation
134D Effect of revocation of cancellation
134E Notice of cancellation
134F Effect of cancellation on other visas
Subdivision G—Cancellation of business visas
134 Cancellation of business visas
135 Representations concerning cancellation of business visa
136 Review of decisions
137 Provision of information—holders of business visas
Subdivision GB—Automatic cancellation of student visas
137J Non‑complying students may have their visas automatically cancelled
137K Applying for revocation of cancellation
137L Dealing with the application
137M Notification of decision
137N Minister may revoke cancellation on his or her own initiative
137P Effect of revocation
Subdivision GC—Cancellation of regional sponsored employment visas
137Q Cancellation of regional sponsored employment visas
137R Representations concerning cancellation etc.
137S Notice of cancellation
137T Cancellation of other visas
Subdivision H—General provisions on cancellation
138 Cancellation and revocation of cancellation of visas—how and when
139 Visas held by 2 or more
140 Cancellation of visa results in other cancellation
Division 3A—Sponsorship
Subdivision A—Preliminary
140A Division applies to prescribed kinds of visa
140AA Purposes of this Division
140AB Ministerial Advisory Council on Skilled Migration
Subdivision B—Approval of sponsors
140E Minister to approve work and family sponsors
140F Approval process
140G Terms of approval
140GA Variation of terms of approval
Subdivision BA—Approval of nominations made by approved work sponsors
140GB Minister to approve nominations
140GBA Labour market testing—condition
140GBB Labour market testing—major disaster exemption
140GBC Labour market testing—skill and occupational exemptions