From 31 October 2026, Ministerial Direction 123 replaces Direction 110. It guides how Home Affairs and the Administrative Review Tribunal decide whether to refuse or cancel a visa on character grounds. Protecting the community and family violence carry more weight. Your ties to Australia, such as family and years lived here, still count but are no longer a main factor.
What Is Changing
Under section 501 of the Migration Act, a visa can be refused or cancelled if a person does not pass the character test. Ministerial Directions tell decision-makers what to weigh up when they decide these cases. Direction 123 was made on 18 September 2026 and applies from 31 October 2026. It replaces Direction 110, which has applied since June 2024.
The character test itself is still set by the law. What changes is how much weight each factor gets when an officer or the Tribunal decides your case.
The Main Changes
- Community safety comes firstProtecting the Australian community gets more weight, including the risk that a person might cause harm in future.
- A wider meaning of family violenceFamily violence now expressly includes coercive and controlling behaviour, emotional, psychological and financial abuse, image-based abuse, and online harassment or monitoring. Decision-makers can rely on information such as protection orders and police records, not only criminal convictions.
- Hate-related conduct countsHate crimes, promoting racial superiority, inciting racial hatred and links to prohibited hate groups weigh heavily.
- Ties to Australia count for lessLength of residence, family in Australia and work here move from a primary consideration to an “other” consideration. They still matter, but they are less likely to outweigh the factors above.
Who This Affects
The Direction applies to visa applicants and to people who already hold a visa, including permanent residents. It matters most if you have:
- a criminal conviction, in Australia or overseas
- a family violence intervention order or other protection order made against you
- a pending character question on a visa or citizenship-related application
- received a notice that the Department intends to consider cancelling your visa
- had a visa cancelled automatically and asked for that cancellation to be revoked
Decisions made on or after 31 October 2026 are expected to follow Direction 123, even if the application or notice came earlier.
What to Do Now
- Answer character questions honestlyDeclare every charge, conviction and order the form asks about. Leaving something out can be a separate reason to refuse or cancel a visa.
- Get your police certificates earlyOverseas police certificates can take weeks, so request them before you lodge.
- Never ignore a noticeIf you receive a notice of intention to consider cancellation, or need to ask for a mandatory cancellation to be revoked, the deadline is short. For a revocation request it is 28 days. Get advice straight away.
- Keep evidence readyEvidence of rehabilitation, employment, family responsibilities and community support still helps, so gather it early.
Character cases are serious and every case is different. Speak to a registered migration agent or lawyer before you respond to the Department.
Not sure how this affects you? Talk to our registered migration agent about your situation.
Book a consultationChecked against official sources on 27 October 2026. Sources: Home Affairs: Character requirements · Migration Act 1958, section 501 (Federal Register of Legislation) · Hannant Tew (law firm summary): How Direction 123 will change the character assessment
This update is general information, not legal advice. Migration law changes often, so check the official sources or speak to a registered migration agent before you make decisions.