The Home Affairs Legislation Amendment (2025 Measures No. 1) Bill 2025 amends the Migration Act 1958 to remove the common-law rules of natural justice from certain removal powers and third-country reception arrangements, and to retrospectively validate those actions and specified visa decisions made before 8 November 2023. It ensures that decisions under sections 198AAA, 199C, 501M and new section 198AHAA cannot be challenged for procedural-fairness defects and that certain visa grants, refusals, cancellations and conditions remain valid despite changes in High Court jurisprudence.

This Bill amends the Migration Act 1958 by inserting new section 198AHAA and adding subsections in existing provisions to clarify that the rules of natural justice do not apply to:

• the Commonwealth’s entry into or preparation for third-country reception arrangements (new s 198AHAA);
• the collection, use and disclosure of removal-pathway information to foreign governments (s 198AAA(5A));
• the giving of removal-pathway directions to non-citizens (s 199C(9)); and
• the collection, use or disclosure of criminal history information in migration contexts (s 501M(5)).

Part 1 also validates, for all purposes, any acts or decisions taken before commencement that would otherwise be invalid solely for lack of procedural fairness.

Part 2 responds to the Full Court’s decision in AJN23 by validating, as always valid, all ‘relevant visa decisions’ made on or before 8 November 2023—namely the grant, refusal, cancellation or conditional adjustment of any visa—where the only legal error was reliance on the former High Court authority in Al-Kateb regarding indefinite detention. Related acts (e.g. detention under s 189 or removal under s 198) are likewise validated.

The amendments commence on Royal Assent for procedural provisions and the following day for the Schedule, and have a low financial impact. They are stated to be compatible with human-rights obligations, provided policies ensure their consistent, rights-respecting application.