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2026 Migration Act: ACD Entry Exemptions Explained

Riverwood Migration

May 2, 2026

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What Is the Migration Amendment (2026 Measures No. 1) Act?

The Migration Amendment (2026 Measures No. 1) Act introduces a suspension on entry into Australia for individuals travelling from designated Middle East countries subject to an Advance Cancellation Direction (ACD). This measure was confirmed at the Migration Institute of Australia (MIA) meeting on 25 March 2026.

While the ACD creates a general bar on entry, the legislation expressly carves out several categories of individuals who remain entitled to travel to and enter Australia.

Who Is Exempt from the ACD Entry Suspension?

The Act provides exemptions for the following categories of persons. Each category carries distinct eligibility conditions.

Australian Citizens

Australian citizens (AC) are exempt from the entry suspension regardless of where they are travelling from. Citizens retain an unconditional right of entry under Australian law.

Permanent Residents

Permanent residents (PR) of Australia are also exempt. A valid permanent visa must be held at the time of travel. Individuals whose permanent visa has lapsed or been cancelled do not benefit from this exemption.

Partners and Dependent Children of Australian Citizens or Permanent Residents

The partners and dependent children of Australian citizens or permanent residents are exempt, provided the relevant relationship or dependency can be substantiated. This is an important protection for split families where one member holds AC or PR status.

Parents of Children Under 18 in Australia

A parent whose child under the age of 18 is ordinarily resident in Australia may qualify for exemption. This category is intended to prevent family separation where a minor child is already in Australia and the parent is seeking entry from an affected country.

Visa Holders Travelling at the Time the ACD Commenced

Individuals who held a valid visa and were already in transit or travelling at the time the ACD took effect are exempt. The rationale is that these travellers could not reasonably have anticipated or avoided the suspension. Documentary evidence of itinerary and departure timing will be critical in asserting this exemption.

Individuals Holding a Valid Prior Travel Clearance (PTC)

Those who hold a valid Prior Travel Clearance (PTC) at the time of entry are exempt from the suspension. A PTC must have been granted before the ACD commenced and must remain valid at the point of entry into Australia.

Practical Steps If You Believe You Qualify for an Exemption

Confirm your status: Identify which exemption category applies to you and gather supporting documentation (e.g. citizenship certificate, visa grant notice, birth certificate, marriage certificate, travel itinerary).
Check visa validity: Ensure any visa you rely upon is current and has not been cancelled or expired.
Obtain a PTC if applicable: If you do not fall within another exempt category, assess whether you are eligible to apply for a Prior Travel Clearance before travelling.
Seek legal advice before departure: The exemptions contain specific conditions that may be interpreted strictly at the border. Obtaining advice from a registered migration lawyer before travel is strongly recommended.

Key Takeaways

The Migration Amendment (2026 Measures No. 1) Act suspends entry from affected Middle East countries under the ACD, but provides six distinct exemption categories.
Australian citizens and permanent residents are exempt, as are their partners and dependent children.
Parents of children under 18 in Australia may also qualify.
Visa holders already in transit when the ACD commenced are protected.
A valid Prior Travel Clearance (PTC) provides an independent basis for entry.
Each exemption has specific conditions. Documentary evidence is essential.

The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.

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As a regulated Australian migration law practice, Riverwood Migration provides precise, personalised advice on visa strategy, compliance, and application preparation. Speak with our expert legal team. Book a consultation to discuss your circumstances.