On 17 September 2026 the Minister for Home Affairs announced a return to active compliance for people who overstay a visa. He described it as going back to what Australia did before 2015. In his words, it is no more and no less than that.
This article explains what he announced and what it means for anyone whose visa has expired. For the other measures, see our guide to the 17 September migration overhaul.
How compliance worked before 2015
The Minister described the earlier process in plain terms. A person who overstayed received a bridging visa and an instruction to leave. If the person did not leave, officers brought them into immigration detention. Most people then organised their own flight within a few weeks.
He said the process also changed behaviour more widely. Other people who had overstayed saw the consequences and chose to leave.
What changed in 2015
In 2015 Australia moved to mandatory visa cancellation on character grounds. As a result, the detention population changed. The Minister said detention centres now largely hold people who have come from prison. He said he would not place an overstayer among that group. Consequently, the Department’s resources moved away from overstayers.
What the Minister announced
- An additional 100 compliance officers.
- An additional 250 detention beds.
- Use of existing facilities near airports.
- A review of the former quarantine facility in Melbourne for this purpose.
He also addressed how the change might be described. He said it is not the kind of operation people have seen on television in other countries.
The change for migration agents
The Minister announced a second measure under the same heading. The Code of Conduct for migration agents will change. Agents who encourage claims with no merit, in order to prolong a stay, will face sanction and deregistration.
He gave the example of a person who reaches the end of other visa options. An adviser then suggests a protection claim that has no basis, because the review process takes years. The Minister said that conduct holds up genuine claims.
The Minister’s summary
He reduced the whole speech to three sentences. To come temporarily, apply for a temporary visa. To come permanently, apply for a permanent visa. Without a valid visa, leave Australia.
What this means for someone whose visa has expired
First, the options are usually wider before compliance action than after it. For example, a person who comes forward can often obtain a Bridging visa E and remain lawful while they resolve their status. We explain that process in our article on the Immigration Status Resolution Service.
Second, time spent unlawful can affect future visas. In some cases an exclusion period applies to later temporary visa applications. Therefore, the way a person resolves their status matters as much as the timing.
Third, advice should come early. Some people without a visa still have a pathway, such as a partner visa or a review right. However, other rules can limit onshore applications. Our article on bridging visas and work rights explains how bridging visas operate.
What we do not know yet
- When the extra officers and beds will be in place.
- How the Department will prioritise compliance activity.
- The wording and start date of the Code of Conduct change.
Frequently asked questions
Will people who overstay be detained?
The Minister described the pre-2015 process. A person received a bridging visa and an instruction to leave, and detention followed only if they did not leave.
How many extra compliance officers were announced?
The Minister announced an additional 100 compliance officers and an additional 250 detention beds.
Can someone without a visa become lawful again?
Often, yes. A Bridging visa E keeps a person lawful while they resolve their status or arrange to leave. The right step depends on the person’s circumstances.
What is changing for migration agents?
The Code of Conduct will change so that agents who encourage claims without merit can be sanctioned and deregistered.
Sam Kanjo, Migration Lawyer, Skyline Migration Lawyers, Melbourne.
Sources: the Minister for Home Affairs’ National Press Club address, 17 September 2026, and MIA Notice 16 of 18 September 2026.
Confidential advice on visa status
If a visa has expired or is about to, we can explain the options in confidence. Call 03 8108 8748 or email info@skylinemigrationlawyers.com.au.
This article is general information only. It is not legal advice. Please seek advice about your own circumstances before you act.
