Labor to Bypass Parliament on Migration Crackdown

The Albanese government is preparing to sidestep Parliament entirely to push through a major overhaul of Australia's migration system, opting to use ministerial regulation rather than risk defeat on the floor of the Senate.

With the Coalition, the Greens and One Nation all signalling opposition to the government's migration reforms, Labor has concluded it cannot secure the numbers needed to pass legislation. Instead, it plans to rely on delegated powers that let ministers change visa settings through regulation rather than new law, sidestepping a parliamentary vote altogether.

Critics have seized on the move as evidence the government is dodging scrutiny. Opposition figures argue that regulating rather than legislating shows Labor isn't prepared to defend its migration policy in open debate, branding the approach a "cop-out".

Prime Minister Anthony Albanese held two meetings with Opposition Leader Angus Taylor in an attempt to reach a bipartisan path to legislate the changes, but those talks have broken down.

Home Affairs Minister Tony Burke is set to unveil the policy at the National Press Club under the title "Who Arrives? Who Stays? Who Leaves?" The package is expected to reduce international student numbers, tighten family reunion visas, restrict bridging visas and crack down on "visa hopping" — where people enter on a tourist visa and then apply for other visa types while onshore. It will also include measures aimed at removing an estimated 80,000 people who have overstayed their visas.

The overarching goal is to bring net overseas migration down to 225,000 for the coming year, a target the government believes is achievable through a series of smaller cuts spread across multiple visa categories rather than one sweeping change.

The plan puts Labor between two competing political flanks. One Nation is pushing for far deeper cuts, proposing to slash migration by 750,000 people over three years, including 470,000 students and graduates who often work part-time in retail, hospitality and aged care. The Greens have condemned the more aggressive proposals as economically reckless, warning steep cuts would inflict serious damage on the national economy, and accused Labor, the Coalition and One Nation of competing over who can take the toughest line on migrants.

Even bypassing Parliament may not guarantee Labor a clean run. Regulations made under delegated power are classified as disallowable instruments, meaning the Senate can vote to strike them down within 15 days of taking effect. Should the Coalition, One Nation and the Greens combine their numbers — an unusual alliance between parties that rarely agree — they could still overturn the changes after the fact, leaving the government's migration strategy in limbo even without a formal parliamentary debate.