Migration Centre of Australia

Migration, Detention & Education Legislative Updates

Migration, Detention & Education Legislative Updates

Several significant reforms have progressed, spanning humanitarian visa processing, detention facility controls, international education integrity, and Home Affairs Bills.

Legislative Instrument Expands Online Lodgement for Class XB Visas

A new legislative instrument, LIN 25/121 Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Expanding Internet Lodgement) Instrument 2025, updates the lodgement arrangements for Class XB Refugee and Humanitarian visas by making Form 842 (Internet) lodgement through ImmiAccount the default approach. The amendments formalise expanded online submission while retaining limited alternatives for applicants who are unable to apply online. The instrument amends LIN 20/169 and commences on 29 November 2025.

Click here: LIN 25/121- Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Expanding Internet Lodgement) Instrument 2025

New “Prohibited Things” Rules for Immigration Detention Facilities

The LIN 25/068 The Migration (Prohibited Things) Determination 2025 establishes a new list of items classified as “prohibited things” for people in immigration detention and within immigration detention facilities. This enables stronger facility controls by clearly defining items that may be restricted, searched for, and seized when necessary to manage safety and security risks.

The prohibited things include controlled drugs and controlled precursors as defined in the Criminal Code Act 1995, as well as alcohol, mobile telecommunications devices, SIM cards, and internet-capable devices. Once the determination is in effect, authorised officers will be able to screen for, search for (without a warrant), and seize these items where there are reasonable grounds to believe this is necessary to prevent or reduce risks to the safety, security, or orderly operation of an immigration detention facility.

Click here: LIN 25/068 – The Migration (Prohibited Things) Determination 2025

Education Integrity Reforms Passed: New Compliance and Agent Transparency Rules

The Education Legislation Amendment (Integrity and Other Measures) Bill 2025 introduces reforms across the Education portfolio to strengthen quality and integrity in Australia’s education system. A major focus is tightening the regulation of international education under the ESOS framework, including clearer oversight of education agents and provider practices.

A central component updates the Education Services for Overseas Students Act 2000 to address concerns raised in the Nixon Review and align with the Government’s Migration Strategy, introducing tighter provider registration requirements, greater transparency of education-agent commissions, clearer rules for course delivery, and expanded powers for the Minister and ESOS agencies to intervene where provider or course risks arise, including automatic suspension or cancellation for serious non-compliance and extended review mechanisms. The Bill passed the Senate on 27 November 2025 with agreed amendments and was endorsed by the House of Representatives on 28 November 2025; it will commence the day after Royal Assent.

Click here: Education Legislation Amendment (Integrity and Other Measures) Bill 2025

Home Affairs Bill 2025: Facial Image Powers and Citizenship Updates

The Home Affairs Legislation Amendment (2025 Measures No. 2) Bill 2025, now passed by Parliament, amends the Migration Act 1958 and Australian Citizenship Act 2007 to modernise and clarify the Department of Home Affairs’ (including the ABF) powers to collect facial images in line with current biometric technology and international standards, and to validate facial images collected or provided previously, along with any related administrative actions.

The Bill also removes certain residency barriers for citizenship applicants whose work benefits Australia but requires long periods overseas, giving the Minister greater flexibility to recognise them as meeting special residence requirements without strict physical-presence thresholds. The Bill passed both Houses on 27 November 2025; sections 1–3 commence on Royal Assent, Schedule 2 starts the day after Royal Assent, and Schedule 1 begins on proclamation or six months after Royal Assent.

Click here: Home Affairs Legislation Amendment (2025 Measures No. 2) Bill 2025

Work Sponsor Register Approved

The Federal Government has introduced the Migration Amendment (Combatting Migrant Exploitation) Bill 2025, proposing changes to the Migration Act to establish a public Approved Work Sponsor Register. The register would cover approved standard business sponsors and accredited sponsors who have nominated skilled workers for entry to Australia, with the aim of strengthening transparency in employer sponsorship.

If enacted, the register—maintained on the Department of Home Affairs website—would publish each sponsor’s name, ABN and postcode, the number of individuals they have nominated under the sponsorship approval process, and the occupations of those nominated workers. This is intended to support system integrity and help deter migrant exploitation through public visibility of sponsorship activity.

The Bill was introduced in the Senate and read a first time, with a second reading moved on 27 November 2025.

Click here: Migration Amendment (Combatting Migrant Exploitation) Bill 2025

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