Following the Bondi terror attack on 14 December 2025, the Australian Federal Parliament enacted the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026. The legislation expands migration and citizenship powers to refuse or cancel visas when a person’s conduct, affiliations, or statements are deemed to promote hate or extremism.
New definitions
- Hate crime – conduct that urges, threatens, or causes violence or serious harm against groups distinguished by race, national or ethnic origin, or the public display of prohibited symbols (e.g., Nazi salute).
- Prohibited hate group – an organisation that has engaged in, prepared, planned, or assisted conduct constituting a hate crime, or that has advocated such conduct, whether or not the advocacy occurs in Australia. The Australian Federal Police Minister may recommend an organisation for listing, and groups can be delisted.
These definitions are now incorporated into the Migration Act 1958, the Migration Regulations 1998, and the Australian Citizenship Act 2007.
Visa refusal and cancellation powers (Sections 500A & 501, Migration Act)
The Minister may refuse or cancel a visa if they reasonably suspect that the person:
- Member of a prohibited entity – was a member of a terrorist organisation, a state sponsor of terrorism, or a prohibited hate group at any time.
- Association with a prohibited entity – had an association with such an organisation and intended to support terrorism, extremism, or hatred.
- Involved in a hate crime – has participated in conduct that meets the new hate‑crime definition.
- Disseminates hateful ideas – has made or endorsed public statements (in Australia or overseas, including online) that promote superiority or hatred based on race, colour, or national/ethnic origin, and whose conduct poses a risk of harm to the Australian community or a segment of it.
Regulatory impact
- Special Return Criterion 5001 (Migration Regulations) now permanently excludes a person from being granted a visa if a refusal was made under sections 501, 501A, or 501B, unless the refusal is revoked or the Minister personally grants a permanent visa.
- The amendment creates a retroactive element: the Minister for Immigration and Citizenship may issue a rule to apply these grounds to existing visa holders.
Citizenship implications
Amendments to the Australian Citizenship Act 2007 require the Minister to refuse citizenship approval for anyone convicted of a national‑security offence, unless the person holds no other nationality. The new Part 5.B of the Criminal Code (referenced in the Act) lists offences related to prohibited hate groups, including:
- Directing the activities of a prohibited hate group
- Membership in a prohibited hate group
- Recruiting for a prohibited hate group
- Training involving a prohibited hate group
- Handling funds for a prohibited hate group (receiving, providing, or transferring)
- Providing any form of support to a prohibited hate group
Practical considerations for visa holders and applicants
- Affiliation checks – Individuals should verify that any organisation they belong to or associate with is not listed as a prohibited hate group.
- Public statements – Caution is advised when making statements online or abroad that could be interpreted as promoting racial or ethnic hatred.
- Legal exposure – Even past membership or association can trigger visa refusal or cancellation if the Minister reasonably suspects involvement.
- Appeal routes – Visa refusals under these provisions may be subject to administrative review or judicial review, but the Minister retains broad discretion.
These reforms give the government a clearer statutory basis to deny entry, cancel visas, or block citizenship for persons linked to hate‑motivated conduct or organisations, reinforcing Australia’s national‑security and community‑cohesion objectives.
Source article: www.peakmigration.com.au
