Ministerial Direction No. 123 (Direction 123) is the new set of ‘primary’ and ‘other’ considerations that decision-makers must take into account when deciding whether to refuse or cancel a visa on character grounds, or whether to revoke a mandatory cancellation.
It was signed on 18 September 2026 by Minister Tony Burke, commences on 31 October 2026 and revokes Ministerial Direction No. 110 (Direction 110) which has been in effect since June 2024.
The Directions are binding on the Department of Home Affairs’ delegates and the Administrative Review Tribunal (ART), meaning that it must be followed. Aside from setting out what considerations are to be taken into account, it also contains detailed guidance on each ground of the character test in section 501(6). In practice, it greatly influences the assessment and outcome of many character-related decision.
If you are a visa applicant or holder with a criminal record, pending charges, or have been the subject of a family violence order, further assessment of character may be triggered.
A reading of the new Direction 123 suggests that it will become harder to keep or obtain a visa when an individual fails the character test, so it is important to understand the changes early.
What is the character test?
Section 501 of the Act sets out the character test. You may fail it if, for example, you have a substantial criminal record, you are associated with people or groups involved in criminal conduct, or there is a risk you would engage in criminal conduct or harass others in Australia. Our article on the character test explains these grounds in more detail.
It is worth noting that not every charge or conviction will fall within the scope of section 501. In other words, not every type of offending conduct will be of concern to the Department of Home Affairs.
How does Direction 123 fit in with the character test?
Failing the section 501 character test does not necessarily mean your visa will be refused or cancelled. In many cases, the decision-maker still has a discretion, and this is where the Ministerial Direction comes into play.
A ministerial direction tells the decision-maker how to exercise that discretion: what to consider, and how much weight to give it.
The upcoming Direction 123 is the latest in a series of directions:
- Direction 90 (2021) placed heavy weight on protecting the community.
- Direction 99 (March 2023) elevated a person’s ties to Australia to a primary consideration.
- Direction 110 (June 2024) kept ties as a primary consideration but gave greater weight to community safety and family violence.
- Direction 123 (from 31 October 2026) moves ties to Australia back to a secondary consideration and broadens the focus on family violence and future risk.
How is Direction 123 different to Direction 110?
Direction 123 will have four primary considerations (down from five):
- Protection of the Australian community from criminal or other serious conduct;
- Whether the conduct engaged in constituted domestic or family violence;
- The expectations of the Australian community;
- The best interests of minor children in Australia, including the interests of child victims.
The ‘other’ considerations will be:
- The strength, nature and duration of your ties to Australia;
- the legal consequences of the decision;
- the extent of impediments you would face if removed
The main changes are as follows:
Ties to Australia will be less powerful
The predominant change is that the person’s ties to Australia had been a primary consideration under Direction 110 but will be ‘downgraded’ to an ‘other’ consideration in Direction 123. In other words, the person’s ties to Australia will no longer be a factor that can weigh heavily in a person’s favor.
Primary considerations generally carry more weight than the other considerations. This means that once Direction 123 is in effect, a long residence in Australia, or close family here, is less likely to outweigh concerns about the person’s criminal conduct.
Family violence definition expanded
Family violence remains a primary consideration, but the definition has been broadened. Direction 123 includes a detailed list of conduct such as image-based abuse, stalking and breaching court orders.
It also covers a broader range of relationships, including caregiving relationships and cultural family groups. This means conduct that might not have been treated as family violence under Direction 110 may now weigh heavily against an individual.
Impact on business interests removed entirely
Under Direction 110, delegates would be required to consider whether there was any adverse impact on an Australian business interests if the person were removed from the country. Under Direction 110 this was an ‘other’ consideration, but has been removed entirely from Direction 123.
Community expectations
Hate speech and incitement of violence or discord are added as conduct that may support an adverse decision due to community expectations. This consideration applies even if the person would be staying in Australia on a temporary visa, or a visa designed to facilitate the person’s removal.
How will this affect future matters?
Direction 123 will seemingly have the greatest impact on people who have lived in Australia for a long time. Under Direction 110, a person who arrived as a child or has Australian citizen children and partners could often rely heavily on those ties. That argument under Direction 123 will be weaker.
Conclusion
Direction 123 marks a clear shift towards community safety. A person’s ties to Australia still count and should be brought to the decision-makers attention but will be unlikely enough to counterbalance a person’s conduct.
If the Department or the ART is considering your matter on or after 31 October 2026, you should expect Direction 123 to apply, even if your matter started earlier. Submissions prepared under Direction 110 may need to be updated.
Character matters are complex, and the consequences of a refusal or cancellation can be permanent. If you have received a notice from the Department, or you are worried about how Direction 123 may affect your visa, it’s often worth seeking professional advice about what to do. We generally recommend that individuals book a consultation to discuss their circumstances. If you require assistance, please feel free to contact us by email at [email protected] or phone +61 3 9016 0484.
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