Author: Tomas Rincon – Immigration Lawyer
The Australian Government has introduced a Bill that will speed up deportation for non-citizens who do not have a valid visa and are required to leave Australia. The Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025 was introduced to Parliament and has passed both Houses. It is now awaiting Royal Assent, after which it will become law.
The key purpose of the Bill is to expedite the removal process for non-citizens at the final stage of removal by limiting procedural fairness in certain cases. The Bill also aims to validate past visa decisions affected by a High Court ruling on indefinite detention.
Faster removals with reduced procedural fairness
The Bill amends the Migration Act 1958, simplifying the removal process for non-citizens by limiting procedural fairness in certain situations. This change allows the Government to make quicker removal decisions, reducing the potential for challenges.
The changes apply when:
- Australia enters or prepares agreements with other countries for accepting removed individuals.
- Actions are taken under these agreements.
- Information about individuals in the removal process is shared with foreign governments.
- Official directions are issued regarding removals.
- Criminal history data is collected or shared.
By streamlining the process, these changes aim to expedite removals and minimise delays, which may have an impact on employers, especially those with non-citizen employees.
Validation of past decisions and actions
The new law also validates visa decisions made on or before 8 November 2023, which may have been affected by the High Court’s NZYQ decision on indefinite detention. This provision ensures the legality of a wide range of past visa decisions, including:
- Visa grants
- Visa refusals
- Cancellations
- Decisions not to revoke visa cancellations
- Decisions about visa conditions (whether to impose or waive them)
This validation applies to all decisions made by the Minister, their delegates, the former AAT, or any other authorised decision-maker, providing certainty for past decisions.
Implications for employers and migrants
These changes will have practical implications for both employers and migrants. For employers, it means fewer opportunities for non-citizens to challenge removal decisions or visa cancellations. It also confirms that previous visa decisions are now legally secure, meaning less uncertainty, but also fewer options for review or appeal.
Additionally, the Government now has stronger powers to:
- Remove non-citizens more quickly
- Transfer them to third countries under specific agreements
- Share information with foreign governments more easily
For employers, this means staying on top of compliance and understanding the risks for employees who may be affected by these changes.
What employers and organisations should do now
Given these changes, it is important for employers and organisations to act early. Here are some steps you can take:
- Review existing cases involving non-citizens who are in the removal pathway, especially those with decisions made before 8 November 2023. Understand how the new law could affect their cases.
- Update compliance strategies to reflect the new powers around removals, agreements with third countries, and information sharing.
- Monitor legal developments, including any constitutional challenges or human rights debates related to the law.
Taking these steps now will help ensure your business remains compliant, minimise risk, and prepare for the impacts of the new legislation.
Get tailored advice from Absolute Immigration Legal
Absolute Immigration Legal monitors legislative changes closely to help organisations and individuals understand their obligations and risks. If you employ or support non-citizens who may be affected by these changes, or if you want to ensure your compliance policies are up to date, contact our team at admin@absoluteimmigrationlegal.com for tailored guidance on your situation.
Disclaimer
This article is intended for general informational purposes only. It is based on publicly available data and current policy settings at the time of writing. It does not constitute legal advice and should not be relied upon as such. Migration law is complex and subject to frequent change. If you require advice specific to your circumstances, please contact our office to arrange a consultation with a qualified immigration lawyer