On 26 August 2025, the Australian Government introduced the Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025 to Parliament. The Bill passed both Houses on 4 September 2025 and will commence the day after it receives Royal Assent.
The Bill amends the Migration Act 1958 to:
- Expedite the removal of non-citizens at the final stage of the removal process; and
- Validate past visa decisions that may have been impacted by recent legal rulings, including the High Court’s decision in NZYQ.
Key Amendments:
Circumstances Where Procedural Fairness Does Not Apply
The Bill clarifies that the rules of natural justice (procedural fairness) will not apply in certain situations, including:
- When the Commonwealth exercises executive powers to enter into or prepare for a third country reception arrangement with a foreign government, or undertakes any related action, including activities involving the foreign government’s reception functions.
- When exercising powers under section 198AAA of the Migration Act to collect, use, or disclose information (including personal information) about a removal pathway non-citizen or certain former removal pathway non-citizens to a foreign government.
- When issuing removal pathway directions under section 199C of the Migration Act.
- When collecting, using, or disclosing criminal history information under section 501M of the Migration Act.
Additionally, the Bill validates all past actions and decisions carried out under these powers.
Validation of Visa Decisions Affected by High Court’s NZYQ Decision
The Bill confirms that visa decisions made on or before 8 November 2023, which might have been affected by the High Court’s ruling in NZYQ regarding indefinite detention, are validated. This applies to:
- Visa grants
- Visa refusals
- Visa cancellations
- Decisions not to revoke a cancellation
- Decisions to impose or not impose a condition on a visa
- Decisions to waive a visa condition
This validation applies to decisions made by:
- The Minister
- Delegates of the Minister
- The former AAT or any authorised person or body
Click here: Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025