Ministerial Direction 123: How Visa Character Decisions Change from 31 October 2026
Published 24 September 2026. Direction 123 takes effect on 31 October 2026.
From 31 October 2026, decision-makers follow a new set of rules when they decide whether to refuse, cancel or restore a visa because of a person's character. These rules are called Ministerial Direction 123.
Ministerial Direction 123 is not a new visa. You cannot apply for it. It does not change visa fees, and it does not create a new pathway to stay in Australia. It only guides how decision-makers handle character decisions.
Direction 123 replaces Ministerial Direction 110. It changes which factors decision-makers must consider, and how much weight each one carries.
Key takeaways
Direction 123 is not a new visa. It is a set of rules for character decisions.
Direction 123 starts on 31 October 2026 and replaces Direction 110.
It only applies when a visa application or a visa is being considered on character grounds.
Your ties to Australia still count, but they are no longer one of the main factors.
For some character test grounds, the threshold drops from a risk you "would" engage in certain conduct to a risk you "might".
The impact on Australian business interests is removed from the factors decision-makers must consider.
The definition of domestic and family violence is wider.
What is Ministerial Direction 123?
Ministerial Direction 123 (MD 123) is a set of instructions from the Minister for Immigration. Think of it as the rulebook decision-makers follow when a visa is at risk because of a person's character.
The rulebook tells them:
what they must consider
which factors matter most
how to read each part of the character test
Delegates of the Minister in the Department of Home Affairs must follow it. So must the Administrative Review Tribunal (ART) when it reviews a character decision.
MD 123 does not change the law itself. The character test sits in section 501 of the Migration Act 1958. MD 123 guides how decision-makers apply it.
Here is how it came about:
7 June 2024. The previous rulebook, Direction 110, was signed.
18 September 2026. Tony Burke, Minister for Home Affairs and Minister for Immigration and Citizenship, signed Direction 123.
31 October 2026. Direction 123 starts and Direction 110 is revoked.
Does Direction 123 affect you?
Only if your visa application or your visa is being considered on character grounds.
Direction 123 applies when a decision-maker is deciding one of these:
whether to refuse a visa application on character grounds
whether to cancel a visa on character grounds
whether to restore a visa that was cancelled automatically (called "revocation")
For example, this can happen when a person has a criminal record, or other conduct or associations the character test covers.
If that describes your situation, the rest of this guide explains what changes for you.
How a character decision works
To see where Direction 123 fits, it helps to understand the three steps of a character decision.
Step 1: The character test
Section 501 of the Migration Act lets the Minister refuse or cancel a visa if a person does not pass the character test. Home Affairs explains it on its character requirements page.
You can fail the test because of things like:
a substantial criminal record, as defined in the Migration Act
certain past conduct
certain associations with groups or people
a risk of certain future conduct
Annex A of Direction 123 gives decision-makers detailed guidance on each ground of the test.
Step 2: Weighing up your situation
In most cases, failing the test does not automatically mean your visa is refused or cancelled. The decision-maker weighs up factors for and against you.
There is one important exception. Some people serving a full-time prison sentence have their visa cancelled automatically (mandatory cancellation). They can then ask for the cancellation to be revoked, and the decision-maker weighs up the same kinds of factors.
Direction 123 tells the decision-maker which factors to weigh at this step and how much each one matters.
Step 3: The decision
The decision-maker then decides whether to refuse, cancel or restore the visa. If the decision goes against you, you may be able to ask the ART to review it.
What decision-makers weigh most heavily
Direction 123 sorts the factors into two groups:
Main factors (primary considerations). These generally carry more weight.
Other factors (other considerations). These still count, but generally carry less weight.
Under Direction 123, the four main factors are:
Protecting the Australian community from criminal or other serious conduct
Whether the conduct engaged in was domestic or family violence
The expectations of the Australian community
The best interests of minor children in Australia, including the interests of child victims
Direction 110 had five main factors. The fifth was the strength, nature and duration of your ties to Australia. Direction 123 moves it to the other factors.
What changes from Direction 110 to Direction 123?
The Migration Institute of Australia (MIA) identifies six changes as the most significant. Each one compares Direction 110 with Direction 123.
1. New guidance on a hatred and extremism character ground
Under Direction 110. There was no guidance on this ground, because it did not exist yet.
Under Direction 123. Annex A adds guidance on the character test ground in section 501(6)(baa). It covers membership of, or association with, a terrorist organisation, a state sponsor of terrorism or a prohibited hate group. It also covers hate crime conduct, and making, endorsing or encouraging hateful public statements.
What this means. The ground itself became law in January 2026. Direction 123 tells decision-makers how to apply it. See the section on the January 2026 character ground below.
2. A lower threshold for future conduct risk
Under Direction 110. Annex A looked at whether there was a risk the person would or will engage in the relevant conduct.
Under Direction 123. Annex A looks at whether there is a risk the person might engage in it.
What this means. The threshold is lower. The decision-maker no longer needs to find a risk that you would engage in the conduct. A risk that you might is enough for these grounds.
3. Ties to Australia move out of the main factors
Under Direction 110. The strength, nature and duration of your ties to Australia was one of the five main factors. This covers things like how long you have lived here and your family and community links.
Under Direction 123. Your ties to Australia are one of the other factors. They sit alongside the legal consequences of the decision and the difficulties you would face if removed from Australia.
What this means. Your ties still count. They now carry less weight compared with the four main factors.
4. A wider definition of domestic and family violence
Under Direction 110. The definition was narrower.
Under Direction 123. The definition is substantially expanded. It lists more types of conduct, including image-based abuse, stalking and breaching court orders. It also covers more relationships, including caregiving relationships and cultural family groups.
What this means. More conduct and more relationships can now count as domestic or family violence.
5. Sentence length now matters for every offence type
Under Direction 110. Some offence categories were excluded from the sentence weighting factor.
Under Direction 123. That exclusion is removed.
What this means. The sentence imposed is now relevant for all types of offence.
6. Impact on Australian business interests is removed
Under Direction 110. Decision-makers had to take into account the impact of the decision on Australian business interests.
Under Direction 123. This factor is removed.
What this means. A business or employment impact can no longer weigh in your favour under this factor.
Other changes from Direction 110 to Direction 123
Compared with Direction 110, Direction 123 also:
refers only to the Administrative Review Tribunal, and no longer to the Administrative Appeals Tribunal
adds a principle that the community expects non-citizens to follow migration rules and leave when their permission to stay ends, while recognising that most non-citizens do comply
adds hate crime conduct, and drug or property offences with a sentence of five years or more, to the conduct viewed very seriously, so these offences carry more weight against the person
changes how risk is assessed for temporary visa holders: it removes guidance on the length and purpose of the intended stay and compassionate grounds for a short stay visa, and directs decision-makers to focus on whether the person is available for removal and whether risk-based visa conditions are possible
requires decision-makers to consider the effect of domestic or family violence on victims and witnesses, particularly where a minor child was involved
adds hate speech, incitement of violence or discord, and related advocacy to the conduct that may support a decision on community expectations grounds
states that community expectations apply whether the person would stay in Australia on a temporary visa or on another visa designed to facilitate their removal
splits one factor about children into four, covering current and future risk of abusive or neglectful conduct, and current and future risk of exposure to domestic or family violence, with psychological and economic abuse now included
directs decision-makers to consider difficulties in a third country the person has permission to enter, if they cannot be removed to their home country
directs decision-makers to consider difficulties in the home country for people who have already returned, with less weight where the return was voluntary
removes references to the Bridging R (Class WR) visa exception and to the Minister's powers under sections 195A and 197AB. The Bridging R exception came from regulation 2.12AA of the Migration Regulations 1994, which the Migration Amendment (2025 Measures No. 1) Regulations 2025 repealed.
Guidance on the character ground added in January 2026
One part of Direction 123 connects to a law passed earlier this year.
On 22 January 2026, the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 added a new ground to the character test, section 501(6)(baa).
This ground covers:
membership of, or association with, a terrorist organisation, a state sponsor of terrorism or a prohibited hate group
hate crime conduct
making, endorsing or encouraging hateful public statements
The same law changed "would" to "might" in section 501(6)(d) of the character test. It applies to decisions made from 22 January 2026, including applications that were already waiting for a decision.
Direction 123 does not create this ground. The ground has been law since January 2026. Direction 123 adds guidance on how decision-makers apply it.
What to do if this applies to you
If your visa is at risk on character grounds, these steps matter most:
Answer every character question on your visa application truthfully and completely.
If you receive a notice that the Department is considering refusing or cancelling your visa, respond before the deadline in the notice.
If your visa was cancelled automatically, send your request to revoke the cancellation within the time stated in the letter.
In your response, address each of the four main factors.
Include evidence on the other factors too, such as your ties to Australia and the difficulties you would face if removed.
If your case is already in progress, ask a registered migration agent or lawyer how the switch to Direction 123 on 31 October 2026 may apply to you.
If your visa has already been refused, read our guides to visa refusal in Australia and ART review of a visa refusal.
Frequently asked questions
Is Ministerial Direction 123 a new visa?
No. Direction 123 is not a visa, and you cannot apply for it. It is a set of instructions that tells decision-makers how to make visa decisions on character grounds.
What is Ministerial Direction 123?
Ministerial Direction 123 is a set of instructions from the Minister for Immigration. It tells delegates in the Department of Home Affairs and the ART how to decide whether to refuse, cancel or restore a visa on character grounds. It replaces Direction 110 from 31 October 2026.
When does Ministerial Direction 123 start?
Direction 123 starts on 31 October 2026. Tony Burke, Minister for Home Affairs and Minister for Immigration and Citizenship, signed it on 18 September 2026.
Does Direction 123 affect every visa holder?
No. It only applies when a visa application or a visa is being considered on character grounds under section 501, or when a person asks for a mandatory cancellation to be revoked under section 501CA.
Do my ties to Australia still count?
Yes. Decision-makers still consider the strength, nature and duration of your ties to Australia. Under Direction 123, ties are one of the other factors instead of a main factor, so they carry less weight compared with the four main factors.
What does the change from "would" to "might" mean?
It lowers the threshold for some character test grounds. Under Direction 110, decision-makers looked at whether there was a risk a person would or will engage in certain conduct. Under Direction 123, they look at whether there is a risk the person might engage in it.
Can the impact on my employer still help?
Direction 123 removes the impact on Australian business interests from the factors decision-makers must take into account. This means a business or employment impact can no longer weigh in your favour under that factor.
Get advice from a registered migration agent
Character decisions have short deadlines and serious consequences. RACC's MARA-registered migration agents can review your notice, explain how Direction 123 applies to you and help you prepare your response. Book a consultation with RACC
This article is general information only and is not legal or migration advice. Refer to the full text of Ministerial Direction 123 for authoritative detail.
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