Migration Disclosure Instrument 2026: What You Need to Know (LIN 25/076)

On 9 October 2026, the Commonwealth of Australia registered a new legislative instrument titled the Migration (Disclosure of Information to Prescribed International Organizations) Instrument 2026 (LIN 25/076). This instrument updates the rules for disclosing identifying information under regulation 5.34E of the Migration Regulations 1994, in line with paragraph 336F(1)(e) of the Migration Act 1958.

In this blog, we’ll break down:

1. What this new instrument does and how it differs from the old version
2. The prescribed international organisations affected
3. Legal and privacy implications for migrants and government bodies
4. How Emigrate Lawyers can help you navigate these changes
5. Frequently asked questions
6. Final thoughts and what to watch moving forward

What Is the Migration Disclosure Instrument 2026?

Background & Authority

Under the Migration Act 1958, paragraph 336F(1)(e) allows the Secretary of the Department of Home Affairs, or a designated officer, to disclose certain identifying information to prescribed international organisations. To define which organisations qualify, regulation 5.34E of the Migration Regulations allows for a legislative instrument made by the Minister. The new Migration Disclosure Instrument 2026 replaces the earlier IMMI 16/068 (2016) version.

Insight: This instrument ensures Australia maintains strong international cooperation while modernising the legal framework to reflect the closure of obsolete tribunals and the emergence of residual bodies.

This legislative instrument is exempt from disallowance under section 42 of the Legislation Act 2003, meaning Parliament cannot vote to annul it. It formally takes effect the day after registration.

Key Updates & Changes

Here are the notable modifications introduced in LIN 25/076:

1. Repeal of IMMI 16/068: The entire previous instrument is repealed.
2. Removal of closed tribunals: The International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the former Yugoslavia are removed.
3. Addition of a residual body: The International Residual Mechanism for Criminal Tribunals continues the functions of the closed tribunals, allowing ongoing cooperation on genocide, war crimes, and humanitarian law.
4. Retained organisations: International Committee of the Red Cross, International Federation of Red Cross and Red Crescent Societies, IOM, IMF, Interpol, and the UN remain prescribed.
5. Modernisation of drafting: The language and structure are simplified for clarity and legal precision.

Prescribed International Organisations & Implications

List of Organisations

Under LIN 25/076, authorised officers may disclose identifying information to the following international bodies:

1. International Committee of the Red Cross
2. International Federation of the Red Cross and Red Crescent Societies
3. International Organisation for Migration (IOM)
4. International Monetary Fund (IMF)
5. International Residual Mechanism for Criminal Tribunals
6. Interpol
7. The United Nations

Implications of the Changes

1. Continued lawful cooperation
   Ensures Australia can provide identifying information to global bodies addressing humanitarian and criminal law concerns.
2. Narrower scope for transparency
   Removal of obsolete tribunals ensures only active, relevant international bodies receive information.
3. Balance between privacy and cooperation
   Disclosures remain limited to authorised information, reflecting Australia’s commitment to privacy while upholding international obligations.

Legal & Privacy Considerations

Legislative Safeguards

1. Disclosure is restricted to what is authorised and must comply with the Migration Act and regulations.
2. The instrument cannot override privacy legislation; all sharing must be purpose-driven and lawful.
3. Administrative and judicial review mechanisms remain available for misuse or overreach.

Insight: This is especially relevant for migrants concerned about the international sharing of personal information, as it demonstrates Australia’s legislative safeguards while facilitating global cooperation.

Risks & Things to Watch

1. Potential misuse: Information must be shared strictly according to authorisation.
2. Transparency & accountability: Migrants may seek clarity about data usage.
3. Consistency: LIN 25/076 must align with other migration disclosure instruments to avoid conflicts.

Why Choose Emigrate Lawyers for Expert Guidance

Navigating international disclosure frameworks like LIN 25/076 is complex. At Emigrate Lawyers, we provide:

1. Strategic Advice: Understand how the instrument affects your case or organisation.
2. Compliance Guidance: Ensure all disclosures comply with the Act and privacy standards.
3. Dispute & Review Support: Challenge unlawful disclosures through the ART or Federal Court.
4. Policy Monitoring: Stay updated on legislative instruments and changes in international cooperation.

Insight: Having expert legal guidance ensures you are prepared for situations involving cross-border information requests or potential privacy concerns.

FAQs — LIN 25/076 & Migration Disclosure Instrument 2026

Q1. What is “identifying information” under paragraph 336F(1)(e)?

A: Typically includes personal identity details like name, birthdate, and ID numbers, only as authorised.

Q2. Why replace IMMI 16/068?

A: Ensures continuity, removes outdated tribunals, and modernises the legal framework before the sunset date.

Q3. Can migrants see what information was shared?

A: FOI or privacy requests may allow limited disclosure, but not guarantee.

Q4. Does this apply to all visa types?

A: Yes, disclosures under paragraph 336F(1)(e) apply broadly to migrants whose information may be lawfully shared.

Q5. How can Emigrate Lawyers assist?

A: We provide advice, ensure compliance, and prepare cases for review if information is shared improperly.

Conclusion & Key Takeaways

The Migration Disclosure Instrument 2026 (LIN 25/076) modernises Australia’s legal framework for international cooperation, ensuring:

1. Removal of obsolete entities
2. Addition of residual mechanisms for justice continuity
3. Clearer, more transparent disclosure rules
4. Strong legislative safeguards for privacy and compliance

For migrants, and legal practitioners, it’s crucial to stay informed and seek guidance when international information sharing intersects with migration matters.

At Emigrate Lawyers, we help you navigate these changes confidently, protecting your rights while ensuring lawful, strategic cooperation with international bodies. Contact our experts to secure your migration and compliance strategy.

Source: Migration-Disclosure-of-Information-to-Prescribed-International-Organisations-Instrument-2015.pdf and Migration-Disclosure-of-Information-to-Prescribed-International-Organisations-Instrument-2015-Explanatory-Statement.pdf

Related Insight – Department of Home Affairs: 15th Edition Immigration & Citizenship Insights (Oct 2025)