Author: Arjun Asothan – Immigration Lawyer
Antisemitism, hate and extremism have no place in Australian society. Growing concern about hate-motivated conduct and extremist activity has reinforced the need for a strong national response that protects individuals, communities, and social cohesion.
The Australian Government is strengthening the legal framework addressing antisemitism, hatred and extremism. While public attention has focused largely on criminal justice measures, the reforms also introduce important changes to Australia’s migration and citizenship systems, affecting who can enter Australia, who can remain, and who may become a citizen.
What has changed
From a migration perspective, the Combatting Antisemitism, Hate and Extremism Bill 2026 expands how character is assessed and allows earlier action where there is concern that a person may contribute to hatred or extremist activity. These changes apply to current and future visa and citizenship decisions, subject to transitional provisions.
Changes to character assessment
The Migration Act 1958 has been amended to broaden character-based decision making. New definitions now guide assessments, including hate crime, prohibited hate group, terrorist organisation, state sponsor of terrorism and association.
A person may be considered associated with an organisation through a single meeting or communication. Decision-makers are not required to assess whether the association is ongoing. Under section 501 of the Migration Act 1958, the Minister may refuse or cancel a visa if a person fails the character test. Traditionally, this test considered factors such as criminal convictions, past conduct, and potential risk to the Australian community.
The Combatting Antisemitism, Hate and Extremism Bill 2026 expands the character test. A person may now fail the test if they:
- Are or were a member of, or associated with, a prohibited hate group, terrorist organisation or state sponsor of terrorism
- Have engaged in hate-motivated conduct, even without a criminal conviction
- Have publicly promoted or supported hateful or racially superior views, including online, where this creates a risk of harm
- Have encouraged others to spread hateful or extremist views
The risk threshold has also been lowered. Decisions may now be made where a person might pose a risk, meaning the Minister or decision-maker does not need to establish that harm is certain, only that there is a reasonable possibility the person could engage in hateful or extremist activity.
Key changes to specific visas and citizenship impacts
Temporary Safe Haven visas
The reforms also apply to Temporary Safe Haven visas. The Minister may refuse or cancel these visas on the same grounds related to hatred, extremism, or risk to the community.
As with other character decisions, the focus is on risk. Action may be taken where there is a significant risk that a person might engage in harmful conduct if allowed to enter or remain in Australia.
These changes are particularly relevant for individuals in humanitarian and protection-related visa categories.
Permanent exclusion and long-term consequences
Amendments to the Migration Regulations expand the operation of Special Return Criterion 5001. which prevents individuals who have been refused a visa on character grounds from being granted another visa, unless the refusal is revoked or the Minister personally grants a permanent visa.
As a result of the amendments, a person refused a visa under Australia’s character-based provisions (including sections 501, 501A, or 501B of the Migration Act) may now be permanently excluded from the Australian visa system unless a specific exemption is granted.
Citizenship implications
The Australian Citizenship Act 2007 has been amended so that certain offences linked to prohibited hate groups are now classified as national security offences for citizenship assessment purposes.
As a result, a person convicted of these offences may be refused Australian citizenship. This change reflects the Government’s position that citizenship is reserved for individuals who demonstrate respect for Australia’s values and a commitment to community safety.
What this means for visa applicants and overseas employees
For most people holding or applying for Australian visas, these changes do not affect day-to-day life or lawful expression. The reforms target serious conduct linked to hatred or extremism that may pose a risk to the Australian community.
In higher-risk cases, character assessments may consider:
- Public statements made in Australia or overseas
- Online activity, such as sharing or endorsing content
- Past associations with organisations or individuals of concern
- Conduct indicating a risk of harm, even without a criminal conviction
Seeking early advice can help clarify how the new framework applies and reduce the risk of unexpected outcomes.
What this means for businesses recruiting overseas workers
Businesses should be aware that visas may be refused or cancelled on character grounds, even where role, skills and salary requirements are met.
When hiring, businesses should:
- Factor in character assessment in recruitment timelines
- Recognise that a candidate’s public conduct or past associations may affect visa outcomes
- Seek advice before finalising offers where there may be uncertainty
This approach helps reduce delays and protect workforce planning.
How Absolute Immigration Legal can assist
Absolute Immigration Legal supports businesses and visa applicants, in managing character-related visa and citizenship risks under Australia’s expanded framework.
Our immigration lawyers assist with:
- Early assessment of character risk during recruitment and visa planning
- Advice on public conduct, online activity and associations
- Support with visa refusals and cancellations on character grounds
- Sponsorship risk management for businesses
- Strategic guidance in complex or discretionary matters
For tailored guidance, contact admin@absoluteimmigrationlegal.com.