Migration Point-in-Time Service Updates

The Migration Point-in-Time Service has been updated to include the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 (Cth) (Act No 2 of 2026).

Act 2 of 2026

This Act seeks to further criminalise hateful conduct, and ensure that those that seek to spread hate, division and radicalisation are met with severe penalties. The Act includes amendments to:

• introduce new grounds to allow for the refusal or cancellation of a visa where a person spreads hate and division in Australia, or would do so if they were allowed to enter or remain in Australia;
• strengthen the public display of prohibited hate symbol offences in sections 80.2H and 80.2HA of the Criminal Code Act 1995 (Cth); and
• provide for the review of the operation of aggravated offences for preachers and leaders as well as the operation of the prohibited hate groups framework by the Parliamentary Joint Committee on Intelligence and Security.

The Act also amends the Migration Act 1958 (Cth) (the Migration Act) to insert new grounds that specifically address hate-motivated conduct and conduct or offences relating to the spread of hatred and extremism. The new grounds enable the Minister to exercise their discretionary powers under section 500A and section 501 of the Migration Act to refuse to grant, or to cancel, a visa in certain circumstances.

These amendments have been updated in the Point-in-Time Migration Service current to 27 January 2026. (NB: Subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial.