State Governments Gain Direct Access to Travel Records｜New Federal Law Tightens State Nomination Scrutiny

A major change has just reshaped Australia’s migration framework — the Federal Government has passed an amendment that formally authorises all state and territory governments to directly access applicants’ entry and exit movement records.

In other words, when you apply for state nomination, the government can now instantly view your arrival dates, time spent in Australia, frequency of travel, and any overseas absences.

Source: Internet

Official Review Powers Significantly Expanded

From 23 September 2025, the new legislative instrument — Migration (Access to Movement Records) Instrument 2025 (LIN 25/001) — officially took effect, replacing the previous version, LIN 23/015.

Under section 3.10A of the Migration Regulations, authorised officers from federal, state, and territory governments are now empowered to directly access the Department of Home Affairs’ movement database for visa and state nomination assessment purposes.

This means state governments no longer need applicants to provide their own movement history. Instead, they can retrieve verified federal data to conduct checks and cross-reference information during assessment.

What This Means for Applicants: Faster, Stricter, and More Transparent

Previously, programs such as Northern Territory MINT, South Australia’s skilled migration stream, and Tasmania’s 491 nomination required applicants to submit their own movement records to prove continuous residence.

Now, with direct access to official data, any undeclared absences, inaccuracies, or misleading information will be immediately detected.

While the change will improve efficiency, it also means any inconsistencies, frequent travel, or extended periods overseas may raise red flags and impact eligibility.

In practice, this marks a clear shift toward a data-driven, evidence-based, and zero-tolerance approach to state nomination assessments.

Riverwood Lawyers’ Recommendations: Self-Audit and Strategise Early

• Obtain your own movement record early — You can request a copy via the Department of Home Affairs to ensure your data matches your actual travel history.
• Explain any irregularities upfront — If you have long or non-work-related absences, include a clear written explanation in your application.
• Choose your state strategically — States such as NT, TAS, and SA have strict residence verification rules. If your record doesn’t meet their criteria, consider alternatives like NSW or ACT.
• Seek professional review — Have a migration lawyer or compliance advisor check that your movement record aligns with your intended state’s nomination requirements.

This reform may appear procedural, but in reality it marks a major expansion of state governments’ authority in migration assessments.

From now on, official federal movement data will take precedence over applicant statements or supporting documents.

For visa and nomination applicants, the key to success under this new regime will be transparency, consistency, and proactive preparation.

If you have any questions, please feel free to contact us at Riverwood Migration (Email: [email protected]), or book a consultation. We are committed to providing transparent and professional migration services to help you secure your visa and achieve your goal of moving to Australia.