Section 32Migration Act 1958 (Cth)

Special category visas

(1) There is a class of temporary visas to be known as special category visas.

(2) A criterion for a special category visa is that the Minister is satisfied the applicant is:

(a) a non‑citizen:

(i) who is a New Zealand citizen and holds, and has presented to an officer or an authorised system, a New Zealand passport that is in force; and

(ii) is neither a behaviour concern non‑citizen nor a health concern non‑citizen; or

(b) a person declared by the regulations, to be a person for whom a visa of another class would be inappropriate; or

(c) a person in a class of persons declared by the regulations, to be persons for whom a visa of another class would be inappropriate.

(3) A person may comply with subparagraph (2)(a)(i) by presenting a New Zealand passport to an authorised system only if:

(a) the New Zealand passport is of a kind determined under section 175A to be an eligible passport for the purposes of Division 5 of Part 2; and

(c) before the person is granted a special category visa, neither the system nor an officer requires the person to present the passport to an officer.

Sourced from the Federal Register of Legislation at 26 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.

Related sections

Research how courts apply s 32

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.

Try BriefBridge free