On 18 September 2026 the Minister for Home Affairs signed Ministerial Direction 123. It replaces Direction 110, the guidance that decision makers have applied to character cases since June 2024. Direction 123 commences on 31 October 2026.
The change matters to anyone facing a visa refusal or cancellation under section 501 of the Migration Act, or asking for a mandatory cancellation to be revoked under section 501CA. This article sets out what changes, side by side with the current rules, and works through eight situations to show the practical difference.
One note on sources. At the time of writing, the Department of Home Affairs had not yet published the text of Direction 123 on its website. This article draws on the Migration Institute of Australia’s detailed summary in MIA Notice 18 of 22 September 2026. We will update it once we have read the Direction in full.
What a Ministerial Direction does in a character case
Section 501 gives the Minister and delegates the power to refuse or cancel a visa on character grounds. Section 499 lets the Minister direct how that power is exercised. The Administrative Review Tribunal must follow the direction too. Therefore, the Direction shapes the reasoning in every character decision, including which factors count and how much weight each carries.
The primary considerations, before and after
Under Direction 110 there are five primary considerations. Under Direction 123 there are four.
| Direction 110, until 30 October 2026 | Direction 123, from 31 October 2026 |
|---|---|
| Protection of the Australian community from criminal or other serious conduct | Protection of the Australian community from criminal or other serious conduct |
| Whether the conduct constituted family violence | Whether the conduct constituted domestic or family violence |
| The strength, nature and duration of ties to Australia | Moved to the other considerations |
| The best interests of minor children in Australia | The best interests of minor children in Australia, including the interests of child victims |
| Expectations of the Australian community | Expectations of the Australian community |
The other considerations under Direction 123 include the legal consequences of the decision, the extent of impediments if the person is removed, and now ties to Australia. The impact on Australian business interests, which Direction 110 listed, has been removed.
The changes, one by one
| Topic | Direction 110 | Direction 123 |
|---|---|---|
| Ties to Australia | A primary consideration | An other consideration, so it carries less weight against the remaining primary considerations |
| Business interests | Impact on Australian business interests is an other consideration | Removed. A business or employment impact can no longer weigh in the person’s favour |
| Risk of future conduct | Whether there is a risk the person would or will engage in the conduct | Whether there is a risk the person might engage in it, a lower threshold |
| Conduct viewed very seriously | Violent and sexual offences, crimes against vulnerable people, family violence and similar | Adds hate crime conduct, and drug or property offences with a sentence of five years or more |
| Weight of the sentence | Certain offence categories excluded from the sentence weighting factor | Exclusion removed. The sentence imposed is relevant across all offence types |
| Family violence definition | Narrower definition | Expanded list of conduct, including image based abuse, stalking and breaching court orders, and wider relationships including caregiving relationships and cultural family groups |
| Victims and witnesses | Not a listed factor under community protection | Effect of domestic or family violence on victims and witnesses must be considered, especially where a child was involved |
| Children’s interests | One factor on exposure to family violence and abuse | Four separate factors: current and future risk of abuse or neglect, and current and future risk of exposure to family violence. Psychological and economic abuse are covered |
| Community expectations | Existing list of conduct | Adds hate speech, incitement of violence or discord and related advocacy. Applies even where the person would stay on a temporary visa or a visa designed to facilitate removal |
| Temporary visa holders | Duration and purpose of the intended stay, and compassionate grounds for a short stay, relevant to risk | Replaced by a focus on the person’s availability for removal and the possibility of risk based visa conditions |
| Impediments if removed | Impediments in the home country | Adds impediments in a third country the person has permission to enter, where they cannot be removed home. For people already returned home, impediments there, with less weight where the return was voluntary |
| New character ground | Not covered | Guidance on section 501(6)(baa): membership of or association with a terrorist organisation, state sponsor of terrorism or prohibited hate group, hate crime conduct, and making, endorsing or encouraging hateful public statements |
| Compliance principle | Not stated | New principle that the community expects non citizens to abide by migration rules and depart when their privilege to remain has ceased, while recognising that most do comply |
| Bridging R exception | Referenced in the visa consequence guidance | Removed, because the regulation creating the exception was repealed in 2025 |
Eight situations, before and after
1. A man who arrived at age eight and has lived here for 35 years
Under Direction 110, his ties to Australia are a primary consideration. They sit level with community protection and community expectations. Under Direction 123, those same ties become an other consideration. They still count. However, they now weigh against four primary considerations rather than standing among them. As a result, a case that once turned on decades of residence will need more from the remaining factors, in particular a low risk finding and the interests of children.
2. A skilled worker whose employer cannot replace him
Under Direction 110, the impact on an Australian business is a listed consideration. A regional employer’s evidence that the business would suffer can weigh in the worker’s favour. Under Direction 123 that consideration is gone. The same evidence carries no weight in favour of the worker. Employers who planned to support a revocation request with a business impact statement should know that it no longer helps.
3. A woman sentenced to five years for drug supply
Under Direction 110, drug supply is serious, but the Direction does not single it out as conduct viewed very seriously. Under Direction 123, a drug or property offence with a sentence of five years or more falls into that category. Consequently, the offence carries more weight against her from the start. The Tribunal’s reasoning in Li, which we covered in our article on low risk being not enough, will only become harder to answer.
4. A psychologist says the risk of reoffending is low
Under Direction 110, the question is whether there is a risk the person would or will reoffend. Under Direction 123, the question is whether there is a risk the person might reoffend. That is a lower bar. Therefore, the same low risk report can support a finding of risk more easily. Rehabilitation evidence will need to address not just likelihood, but why even the possibility is remote.
5. A breach of an intervention order with no assault
Under Direction 110, the family violence consideration turns on a narrower definition. Under Direction 123, the definition expressly includes breaching court orders, stalking and image based abuse. It also reaches relationships beyond partners, including caregiving relationships and cultural family groups. In addition, the decision maker must consider the effect on victims and witnesses, particularly where a child was involved. A breach that might once have been treated as a compliance matter now engages a primary consideration.
6. A visitor visa holder convicted while in Australia
Under Direction 110, the decision maker weighs the short intended stay and any compassionate reason for the visit. Under Direction 123, that guidance is removed. Instead, the focus is on whether the person is available for removal and whether risk based conditions could be imposed. For a visitor, the argument that the stay is brief and the purpose compassionate no longer does the work it once did.
7. A person who cannot be returned to their home country
Under Direction 110, impediments are assessed in the home country. Where a protection finding prevents removal there, that analysis can sit awkwardly with reality. Under Direction 123, where the person cannot be removed home, the decision maker considers impediments in a third country the person has permission to enter. This sits alongside the Full Federal Court’s reasoning in Chukwuma v Assistant Minister for Citizenship and Multicultural Affairs [2026] FCAFC 121, decided on 8 September 2026. It also means a person facing third country removal can point to the impediments there.
8. A person who has already returned home
Under Direction 123, where the person has already returned to their home country, impediments there are considered. However, less weight is given where the return was voluntary. Someone who left Australia by choice before a decision was made should not expect the hardship of being home to weigh heavily.
Timing: who is decided under which Direction
Direction 123 commences on 31 October 2026. Until then, Direction 110 applies. The notice does not describe transitional rules, so we cannot yet say how a matter lodged before that date and decided after it will be treated. That is one of the first things we will check when the text is published.
The Direction does not change the character test itself, apart from adding guidance on the new ground in section 501(6)(baa). Whether a person fails the test is still decided under the Act. The Direction governs what happens next.
What to do if you have a character matter on foot
- If a decision is likely before 31 October, the current Direction applies. Submissions built on ties to Australia and business impact should be made now, while they carry full weight.
- If a decision is likely after 31 October, the submission needs restructuring. Ties to Australia move down the order. Business impact drops out. Rehabilitation evidence must meet the lower risk threshold.
- In any family violence matter, expect the effect on victims and witnesses to be examined, and expect children’s interests to be assessed against four separate risk factors.
- Where removal to the home country is not possible, gather evidence about the third country the Department may consider.
Our articles on what the character unit checks and the Administrative Review Tribunal explain the earlier stages of a character matter.
Frequently asked questions
When does Ministerial Direction 123 start?
It was signed on 18 September 2026 and commences on 31 October 2026. It revokes Direction 110 from that date.
Are ties to Australia still considered?
Yes, but as an other consideration rather than a primary one. They carry less weight against the four remaining primary considerations.
What are the four primary considerations under Direction 123?
Protection of the Australian community, whether the conduct constituted domestic or family violence, expectations of the Australian community, and the best interests of minor children in Australia, including child victims.
Can my employer’s evidence still help my case?
Under Direction 110 the impact on Australian business interests is a listed consideration. Direction 123 removes it, so from 31 October that evidence cannot weigh in the person’s favour.
Does Direction 123 apply to the Tribunal?
Yes. The Direction guides delegates of the Minister and the Administrative Review Tribunal.
Sam Kanjo, Migration Lawyer, Skyline Migration Lawyers, Melbourne.
Sources: MIA Notice 18 of 22 September 2026, summarising Ministerial Direction 123 and its changes from Ministerial Direction 110. The Direction itself was not yet published on the Department of Home Affairs website when this article was written.
Facing a character decision?
The date of the decision now matters as much as the facts. We can advise on timing and on restructuring a submission for the new Direction. Call 03 8108 8748 or email info@skylinemigrationlawyers.com.au.
This article is general information only. It is not legal advice. Please seek advice about your own circumstances before you act.
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