What Has Changed

Australia has introduced legislative amendments to the Australian Passports Act 2005 addressing applicants with connections to countries designated as state sponsors of terrorism. This update was flagged in MIA Notice 65, dated 19 June 2026, as a significant legislative development for migration practitioners and visa applicants.

The amendment signals a tightening of Australia's border security framework, with passport-related considerations now carrying greater weight in the visa assessment process. While the full legislative text is subject to ongoing confirmation, the policy direction is clear: passport provenance and travel history linked to designated states will attract closer scrutiny.

What Is a State Sponsor of Terrorism

A state sponsor of terrorism is a country formally designated by a government authority, such as the United States Department of State or equivalent bodies, as providing material support to international terrorist organisations. Countries that have historically appeared on such lists include Iran, North Korea, Syria, and Cuba, though designations can change over time and vary between jurisdictions.

Australia does not currently publish its own standalone list equivalent to the US designation regime, but Australian law can reference and incorporate allied nation designations or apply its own criteria through ministerial determination or legislative instrument.

Who May Be Affected

This amendment is most directly relevant to visa applicants who meet one or more of the following criteria:

• Currently hold, or have previously held, a passport issued by a country designated as a state sponsor of terrorism.
• Have travelled to or through a designated country within a specified period prior to lodging a visa application.
• Hold dual nationality where one passport is from a designated country.
• Have family members with connections to designated states, which may be relevant to character or national security assessments.

The impact may extend across multiple visa subclasses, including skilled, employer sponsored, student, partner, and parent visa categories, as character and security checks are a standard component of all substantive visa applications under the Migration Act 1958.

How Visa Applications May Be Affected

Under the Migration Act 1958, the Department of Home Affairs has broad powers to refuse or cancel a visa on character grounds (section 501) and national security grounds (section 116 and related provisions). An amendment linking passport provenance to terrorism-designated states introduces an additional layer of scrutiny at the time of both lodgement and assessment.

Applicants may face extended processing times while security checks are conducted. In some cases, the Department may request additional information or statutory declarations regarding the applicant's background, travel history, or associations. Refusals based on national security grounds carry limited merits review pathways.

Practical Steps for Affected Applicants

1. Disclose fully: Provide complete and accurate travel history and passport details in your visa application. Omissions or inaccuracies on a visa application can constitute a separate ground for refusal or cancellation.
2. Gather supporting documentation: If you hold or have held a passport from a potentially designated country, prepare documentation that contextualises your circumstances, such as evidence of residency, employment, or family situation.
3. Seek legal advice before lodging: Given the national security dimensions of this amendment, applicants with relevant passport or travel history should obtain advice from a registered Australian migration lawyer before submitting any application.
4. Monitor legislative developments: The full text of the amendment is pending confirmation. Applicants and their representatives should monitor the Department of Home Affairs website and official MIA communications for updated guidance.

Key Takeaways

• Australia has amended its Passports Act to address state sponsors of terrorism, as flagged in MIA Notice 65 (19 June 2026).
• Applicants with passport connections to designated states face increased scrutiny under Australia's character and national security visa framework.
• Full disclosure of travel history and passport details is a legal obligation in all Australian visa applications.
• National security-based visa refusals have limited merits review rights, making proactive legal advice critical.
• The complete legislative text is pending, and applicants should monitor official channels for updates.

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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