Updated ,first published
The Albanese government will attempt to amend the Migration Act to allow Home Affairs Minister Tony Burke to prevent cohorts of current temporary visa holders from travelling to Australia where they may claim asylum as they shelter from the ongoing conflict in the Middle East.
Opposition and crossbench MPs were briefed on the legislation shortly before its introduction to the House of Representatives on Tuesday morning, just hours after members of the Iranian women’s soccer team were granted humanitarian visas under threat of reprisal from their home country’s regime.
The legislation would extend the ability of the minister to delay the arrival of people already granted temporary visas to entire “specified cohorts of non-citizens who hold temporary visas” for a renewable period of six months.
In briefing documents seen by this masthead the purpose of the law is described as one that “respond[s] to developments overseas by limiting travel to Australia by specified cohorts of temporary visa holders, where it is in the national interest to do so”.
“The current situation in the Middle East demonstrates how quickly the circumstances can change for visa applicants and for those non-citizens who already hold a temporary visa but have not yet travelled to Australia, and for whom a visa application now, would likely be unsuccessful,” the document reads.
The majority of temporary visas in Australia are for tourism, but temporary visas are also issued for study and business.
Opposition home affairs spokesman Jonno Duniam said that the laws “make sense when it comes to protecting our national security”.
“This is an arrangement that I think is sensible,” he said, adding that Coalition had not yet discussed the legislation.
Opposition Leader Angus Taylor rejected the idea that it was hypocritical to back humanitarian visas to the Iranian soccer players while offering in principle support for the migration reforms.
Minor parties and independents immediately criticised Labor’s plan, with Greens leader Larissa Waters calling it a “new low” for the government.
“What an appalling act of cruelty from backing and resourcing an illegal war, raining down bombs on civilians to then shutting the door on those same civilians who have the legal right to enter our country,” She said. “You cannot get more morally bankrupt or hypocritical than that.”
Independent MP Zali Steggall, who was briefed by the government on Tuesday morning alongside crossbench colleagues, described it as “racist overreach” that would undermine the visa system.
“It’s very nebulous in the legislation when this provision can be triggered. It is clear the government is targeting Iranians with visitor visas or temporary visas,” Steggall said.
“This is clearly targeted at Iranians with visitor visas, but there is nothing precluding it from applying to people from Lebanon, Palestinians, Chinese – any country.”
Independent senator Fatima Payman said she was given five minutes to review the legislation before a crossbench briefing, saying it was “not how parliament should be asked to assess significant new powers”.
“Powers of this scale deserve proper scrutiny, transparency and clear safeguards to ensure they cannot be misused,” she said.
The proposed power for the home affairs minister – called an “arrival control determination” – would require the written agreement from the prime minister and minister for foreign affairs.
It would come into play when a significant “event or circumstance” outside Australia could create a situation in which temporary visa holders would seek to remain in Australia after their visas expires, or where their visa may not previously have been granted.
Spouses, de facto partners and dependent children of an Australian citizen, as well as permanent visa holder cannot be delayed from coming to Australia under the proposed powers.
A senate inquiry into the bill was scheduled for Tuesday night. The government is seeking to have the legislation passed before parliament rises for a week-long break on Thursday.
Read more on the US-Israel-Iran war:
Our Breaking News Alert will notify you of significant breaking news when it happens. Get it here.
Nick Newling is a federal politics reporter for The Sydney Morning Herald and The Age.Connect via X or email.