If you hold an Australian visa, have a history of criminal offending, or are affected by a character cancellation matter, you may have seen reports about the Government’s new Ministerial Direction 123.
Whenever the Government changes the rules that guide visa refusals and cancellations, one concern immediately comes up:
“Will this make it easier for my visa to be refused or cancelled?”
The short answer is: for some people, yes. Ministerial Direction 123 introduces changes that are likely to give greater weight to certain character concerns while reducing the importance of some factors that previously worked in an applicant’s favour.
In this article, we explain what has changed, who may be affected, and what visa holders should know.
What Has Changed?
On 18 September 2026, the Minister for Home Affairs signed Ministerial Direction 123, which replaces Ministerial Direction 110 from 31 October 2026.
The Direction guides decision-makers when considering:
- refusal of a visa under section 501 of the Migration Act 1958;
- cancellation of a visa under section 501; and
- revocation of a mandatory visa cancellation under section 501CA.
Importantly, Ministerial Direction 123 does not change the character test itself. The character test remains in the Migration Act. Instead, the Direction changes how decision-makers weigh relevant factors when making character decisions.
Ties to Australia May Carry Less Weight
One of the most significant changes is that the number of primary considerations has been reduced from five to four:
- Protection of the Australian community from criminal or other serious conduct
- Whether the conduct involved domestic or family violence
- Expectations of the Australian community
- The best interests of minor children in Australia, including child victims
Under the previous Direction, the strength, nature and duration of a person’s ties to Australia was also a primary consideration. Under Direction 123, it becomes an “other consideration”.
This means factors such as long residence in Australia, Australian citizen family members, employment history and community connections may carry less weight when balanced against community protection and other primary considerations.
A Stronger Focus on Community Protection and Domestic Violence
Ministerial Direction 123 places greater emphasis on protecting the Australian community and addressing domestic and family violence.
The definition of domestic and family violence has been expanded to include conduct such as image-based abuse, stalking, breaches of court orders, psychological abuse and economic abuse. It also applies to a broader range of family and caregiving relationships.
The Direction requires decision-makers to consider the impact of domestic and family violence on victims and witnesses, particularly where children are involved.
It also identifies additional conduct that is to be viewed very seriously, including hate crime conduct and certain drug and property offences resulting in sentences of five years or more.
The Risk Threshold Has Been Lowered
Another important change appears in Annex A of the Direction.
In several parts of the character test guidance, the focus shifts from whether a person would or will engage in future conduct to whether they might engage in that conduct.
While this may seem like a small wording change, it potentially lowers the threshold at which concerns about future behaviour become relevant. For people seeking to challenge a refusal or cancellation, evidence addressing future risk may become increasingly important.
Other Notable Changes
The Direction also:
- removes the impact on Australian business interests as a consideration weighing in favour of a non-citizen;
- expands the community expectations consideration to include conduct such as hate speech and the incitement of violence or discord; and
- introduces guidance on new character test provisions relating to terrorist organisations, prohibited hate groups and hateful public advocacy.
These changes reinforce the Government’s focus on community safety and public protection.
Will Existing Cases Be Affected?
Potentially.
Ministerial Direction 123 commences on 31 October 2026 and may apply to matters that remain undecided after that date. This means some applicants and visa holders whose matters are currently before the Department or the Administrative Review Tribunal may ultimately have their case assessed under the new framework.
Key Takeaways
- Ministerial Direction 123 replaces Ministerial Direction 110 from 31 October 2026.
- The character test itself has not changed, but the way decision-makers assess character matters has.
- Ties to Australia are no longer a primary consideration and may carry less weight than before.
- Domestic and family violence receives significantly greater emphasis.
- Certain conduct, including hate crime conduct and serious drug and property offending, is treated more seriously.
- The threshold for assessing future risk has been lowered from conduct a person “would” or “will” engage in to conduct they “might” engage in.
- Existing character matters may be affected if they remain undecided when the Direction commences.
Concerned About How Ministerial Direction 123 May Affect You?
Every character matter is different. The impact of the new Direction will depend on factors such as your immigration history, criminal history (if any), family circumstances, ties to Australia and the specific character concerns involved.
Whether you are facing a visa refusal, visa cancellation, a mandatory cancellation revocation process, or have concerns about how past conduct may affect a future visa application, understanding how these changes apply to your circumstances is important.
Our migration lawyers regularly advise on section 501 character issues, visa cancellations, revocation requests and Administrative Review Tribunal proceedings. We can help you understand how Ministerial Direction 123 may affect your case and assist in preparing the strongest possible response.
If you would like advice on how Ministerial Direction 123 may affect your visa, character matter or future migration plans, contact our team for personalised migration advice.