Google AI


Modern Australian

There's a ban on leaving Australia under COVID-19. Who can get an exemption to go overseas? And how?

  • Written by: Anthea Vogl, Senior lecturer, University of Technology Sydney

Australians are all too aware of the restrictions on interstate travel and on who can currently enter Australia.

But people may not realise there is also a ban on overseas travel for all Australian citizens and residents, subject to a limited number of exemptions.

Since March, about one in three requests to leave the country have been granted. This comes amid reports of Australians facing huge hurdles to see sick and dying relatives overseas.

So, what’s going on? Who can actually leave Australia at the moment?

What is the ban?

The ban on leaving Australia was put in place by Health Minister Greg Hunt on March 25, as an “emergency requirement” under the Biosecurity Act. It is the first time Australia has had such a ban, and it was made on the advice of the Australian Health Protection Principal Committee.

The determination says plainly:

An Australian citizen or permanent resident … must not leave Australian territory as a passenger on an outgoing aircraft or vessel.

The accompanying statement explains,

[This] is in response to the COVID-19 pandemic, which continues to represent a severe and immediate threat to human health in Australia and across the globe.

Is this legal?

The government legally made the determination under the Biosecurity Act, which gives the health minister power to put in place “any requirement” they believe is necessary to prevent or control the entry or spread of the virus into Australia.

International law recognises the right to leave any country, including your own, but there is no equivalent constitutional protection in Australia.

Man pushing a baggage trolly past an empty airport carousel. There is a legal ban on Australians leaving Australia. Darren England/AAP

In other words, Australians don’t have a constitutional right to leave Australia.

Strict exit bans for citizens are generally associated with authoritarian states, like North Korea and the former USSR. But the Health Department has said the ban is needed because of the burden returning residents place on quarantine arrangements, the health system and testing regimes.

The government has also argued it is “impossible” to only ban travel to specific places, due to the fast-moving nature of the pandemic in different countries.

Who can leave Australia at the moment?

Anyone who is isn’t a citizen or resident is allowed to leave Australia.

Some Australians are also still free to leave. This includes those who are “ordinarily resident in a country other than Australia”, airline and maritime crew, outbound freight workers, and essential workers at offshore facilities.

Read more: Australians don't have a 'right' to travel. Does COVID mean our days of carefree overseas trips are over?

All other citizens and residents must have an exemption if they want to leave. They need to apply online (which is free) and then bring the approved exemption to the airport.

To be granted an exemption, you must have a “compelling reason” for needing to leave Australian territory, and your travel must fall into one of the following categories:

  • compassionate or humanitarian grounds
  • part of the response to the COVID-19 outbreak
  • essential for the conduct of critical industries and business
  • to receive urgent medical treatment unavailable in Australia
  • urgent and unavoidable personal business
  • in the national interest.

Most applications to leave are not successful

Despite these exemptions, it is still difficult to get permission to leave. Only about one in three requests are being granted.

According to Border Force, between March and mid-August it received more than 104,000 requests to leave Australia. About 34,300 exemptions have been granted.

Exemption applications are assessed by Border Force and applicants are advised to apply at least two weeks but not more than three months before departure.

Border Force adds:

If you are travelling due to death or critical illness of a close family member, you can apply inside this timeframe and we will prioritise your application.

However, timeframes haven’t been guaranteed and people have reported significant delays even in emergency situations. If a request is refused, an applicant can reapply.

Failing to comply with the ban is a criminal offence, punishable by up to five years’ prison, a $63,000 fine, or both.

Are Victorians especially banned?

There is nothing to exclude Victorians, currently under Stage 3 and 4 restrictions, from applying to leave Australia.

The Victorian government directs residents to federal government advice regarding overseas trips.

However, Victorians would also need to comply with or seek exemptions from state-based restrictions (including for travel to the airport, for example) where an exemption was granted.

What are the problems with the ban?

Usually when governments pass legislation, they provide definitions of key terms. However, no definitions for any exemptions are included in the travel ban determination, which was made by Hunt and not reviewed by parliament.

What exemptions like “urgent and unavoidable personal business” cover is unclear, to say the least (luxury yacht, anyone?).

Grounded Qantas planes against Sydney skyline. The ban on overseas travel was introduced in March as the coronavirus crisis took hold in Australia. Biance De Marchi/AAP

There have been repeated stories of Australians having enormous difficulties getting permission to see family and loved ones overseas. Although recent reports suggest the process is becoming easier.

One woman reported difficulty meeting the “compassionate grounds” exemption because her dying step-parent was not in hospital, due to a choice to spend his last days at home. Another received three different responses to the same request.

Read more: Small funerals, online memorials and grieving from afar: the coronavirus is changing how we care for the dead

Applicants must provide sufficient documentation, but it is also unclear what documents are required. People whose documents are not in English must have them officially translated as part of an application. Those in distressed or bereaved states must nonetheless gather complex documentary evidence, which may include death certificates, or proof of an event or relationship.

Due to this lack of clarity, some people are seeking the advice of migration agents to help them leave Australia.

This adds to the ever-growing costs of mobility during the pandemic, while creating the extraordinary circumstance where legal advice is needed to help residents and citizens depart their own country.

When will the ban end?

Australia’s complete travel ban has not been adopted in similar countries. In New Zealand, Canada and Britain, overseas travel is strongly advised against but not banned.

Other countries to have completely prohibited travel include Kazakhstan, Lithuania and Uzbekistan.

Read more: How COVID-19 could impact travel for years to come

Australia’s ban will automatically cease when the “biosecurity emergency period” is declared over, unless revoked beforehand.

But while the the current period runs until September 17, it is likely to be extended. In June, Hunt warned borders will remained closed for a “very significant” amount of time.

Although he also described Australia as an “island sanctuary”, it’s unlikely the many people held on either side of its borders feel the same way.

Authors: Anthea Vogl, Senior lecturer, University of Technology Sydney

Read more https://theconversation.com/theres-a-ban-on-leaving-australia-under-covid-19-who-can-get-an-exemption-to-go-overseas-and-how-145089

Why the Spring School Holidays Are a Great Time to Visit Coffs Harbour

The spring school holidays are a good time to spend a few days on the Coffs Coast. The weather is starting to warm up, there is plenty to do outdoor...

What to Do When an Older Car Is No Longer Worth Keeping in Melbourne

Ever looked at another repair quote and wondered whether your old car is still worth the trouble? It is a common turning point for Melbourne motoris...

Your Baby's First Year: A Local Guide to Feeding, Sleep, and When to Get Extra Support

Ask ten parents in a Brisbane mothers' group how their baby is feeding or sleeping, and expect ten different answers.  Someone's baby sleeps throug...

Kitchen and Laundry Makeover Ideas That Don't Require a Full Renovation

Full kitchen renos are expensive — and most people don't actually need one.  They need the kitchen to stop looking like it's stuck in 2009, or they...

How Technology Is Reshaping the Modern Australian Commercial Kitchen

The commercial kitchen has always been shaped by technology. Refrigeration changed how ingredients could be stored, modern ventilation transformed k...

The Number on a Roller Blind Fabric That Nobody Explains

Somewhere in the fabric book, next to the colour name, there is a percentage. Three per cent. Five per cent. Ten per cent. Nobody explains it, most c...

What’s Trending in Men’s Jewellery This Father’s Day!

Finding a Father’s Day gift that feels personal, stylish and genuinely wearable is not always easy. While socks and novelty mugs have traditionally ...

Road Signs: Understanding Their Role in Clear and Effective Signage

Effective signage and display hardware can help businesses communicate information, promote products and organise customer or visitor movement. Road...

Bottle Label Printing: Key Factors to Consider Before Your Next Packaging Run

Effective packaging begins with understanding the product, bottle material, artwork and production requirements when planning bottle label printing. H...

Planning a Long-Distance Move With Interstate Movers Melbourne

Moving between states involves more planning than a typical local relocation. Along with packing and transporting household belongings, you need to...

Understanding the Role of an I/O Controller in Industrial Automation

Modern industrial systems depend on accurate communication between sensors, machines and control systems. An I/O controller can help manage this commu...

How the Right Mining Hose Supports Demanding Operations

Mining environments place considerable demands on equipment used for material transfer, water management and processing. Hoses operating in these co...

Simple Ideas for Making Social Gatherings More Memorable

We have all been to those parties where everyone just stands around the kitchen island, staring at their phones, waiting for someone else to make a mo...

Outdoor Wall Lights: Improving Exterior Lighting Around Your Home

Lighting can influence how a room looks, feels and functions, so the right fitting should be selected according to both appearance and practical req...

Commercial Office Cleaning: Combining Routine Office Cleaning With Melbourne Service

Keeping a workplace clean requires a service that can accommodate everyday tasks as well as the particular needs of the business. Professional comme...

Caravan Sales in Queensland: How to Find the Right Caravan for Sale QLD

Caravan ownership is about more than having somewhere to sleep while travelling. For many Queenslanders, it is one of the best ways to explore regio...

What Sir Walter Buffalo Turf Actually Costs in 2026 (And Why Quotes Vary So Much)

Two quotes landed on a Hills District homeowner's kitchen table last spring for the exact same 80-square-metre backyard. One said $12 a metre. The o...

Nearly 1,300 NSW Hospital Beds Are Occupied By People Who Are Ready To Go Home

1,276 people in NSW hospitals have been medically cleared for discharge but remain in hospital because they're still waiting for NDIS or aged care sup...