Australia will apply tougher rules to character-based visa decisions from 31 October 2026. From then, Ministerial Direction No. 123 replaces Direction No. 110, the rulebook Home Affairs officers and the Administrative Review Tribunal (ART) have followed since 21 June 2024. Tony Burke, Minister for Home Affairs and Minister for Immigration and Citizenship, signed Direction 123 on 18 September 2026. Reports this week, including a 23 October summary of Fragomen analysis in The Economic Times, put the change back in focus with six days to go.
The headline shift is simple. Your ties to Australia, such as years of residence and family here, no longer sit among the main factors in a character decision. Protection of the community, domestic and family violence, community expectations and the interests of children now carry the most weight.
This guide explains what changes, who faces the new rules, and what to do before and after 31 October.
What Direction 123 is and what the rulebook does
Direction 123 is not a visa. You do not apply for the direction, and the direction does not change visa fees. The full title is Direction no. 123, Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA. The Minister gives such directions under section 499 of the Migration Act 1958.
The character test itself sits in section 501 of the Act. You fail the test for reasons such as a substantial criminal record, certain associations, past conduct, or a risk of certain future conduct. Under the Act, a substantial criminal record includes a prison sentence of 12 months or more.
Failing the test does not lead to automatic refusal in most cases. The decision-maker weighs factors for and against you. Direction 123 tells officers and the ART which factors to weigh and how much weight each one carries. Under section 499(2A), every delegate and the Tribunal must follow the direction in force on the day of the decision.
Direction 123 covers three kinds of decisions:
- Refusing a visa application on character grounds under section 501(1)
- Cancelling a visa on character grounds under section 501(2)
- Deciding whether to revoke a mandatory cancellation under section 501CA(4)
A mandatory cancellation happens under section 501(3A) when a person serving a full-time prison sentence fails the test on certain grounds.
The new order of factors
Direction 110 listed five primary considerations. Direction 123 cuts the list to four:
- Protection of the Australian community from criminal or other serious conduct
- Whether the conduct 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
Protection of the community generally carries greater weight than the other three. Primary considerations generally outweigh the other considerations. The other considerations under Direction 123 are:
- 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
Under Direction 110, ties to Australia were the fifth primary consideration.
The practical effect falls hardest on long-term residents. A person who arrived as a child, or who has an Australian citizen partner and children, will find those links count for less against a serious offence record.
Six changes to know
1. A lower bar for future risk
For some character test grounds, the question changes from whether you would engage in certain conduct to whether you might. The Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026 made the "would" to "might" change in section 501(6)(d) from 22 January 2026. Direction 123 brings the guidance for officers into line.
2. Guidance on the hate and extremism ground
The same 2026 Act added section 501(6)(baa) to the character test. The ground covers membership of, or association with, a terrorist organisation, a state sponsor of terrorism or a prohibited hate group. The ground also covers hate crime conduct and making, endorsing or encouraging hateful public statements. Annex A of Direction 123 explains how officers apply this ground.
3. A wider meaning of domestic and family violence
The new definition lists more conduct, including image-based abuse, stalking and breaching court orders. The definition also reaches more relationships, including caregiving relationships and cultural family groups. Officers must weigh the effect of the violence on victims and witnesses, particularly where a minor child was involved.
4. Sentence length counts for every offence
Direction 110 excluded some offence types from the sentence weighting factor. Direction 123 removes the exclusion. The sentence imposed now matters for all offence types.
5. Business impact no longer counts
Under Direction 110, officers considered the impact of a decision on Australian business interests. Direction 123 deletes this factor.
6. Ties to Australia move down
Officers still look at residence, family, work and community links. These now carry less weight against the four primary considerations.
Other changes in the fine print
Direction 123 also makes these changes:
- Hate crime conduct, plus drug or property offences with a sentence of five years or more, join the conduct officers treat as especially serious
- A new principle states the community expects non-citizens to follow migration rules and leave when their permission to stay ends
- Hate speech, incitement of violence or discord, and related advocacy join the conduct relevant to community expectations
- Community expectations apply whether you would stay on a temporary visa or on a visa designed for removal
- For temporary visa holders, officers focus on whether you are available for removal and whether risk-based visa conditions would manage the risk
- The single factor on children becomes four, covering current and future risk of abuse or neglect and current and future exposure to domestic or family violence, with psychological and economic abuse included
- Officers consider hardship in a third country you have permission to enter, if removal to your home country is not possible
- For people already back home, officers consider hardship there, with less weight where the return was voluntary
Which direction applies to your case
The date of the decision decides the rulebook, not the date you applied or the date your case began.
- Decisions made up to 30 October 2026 fall under Direction 110
- Decisions made on or after 31 October 2026 fall under Direction 123
- ART reviews decided on or after 31 October 2026 fall under Direction 123, even where the original delegate applied Direction 110
So if you have a case before the Department or the Tribunal, submissions written around Direction 110 need an update. A response built mainly on family ties and an employer's support will be weaker under the new rules.
Direction 123 covers visa decisions. The direction does not govern Australian citizenship applications, which run under separate law.
Why the government made the change
Home Affairs lists the update to Direction 110 in a wider package of migration changes. The package aims to deliver Budget forecasts for net overseas migration of 245,000 this financial year and 225,000 in 2027/28. The Department says the new direction will better protect children who are victims of crime, better protect victims of domestic and family violence, and reflect the commitment to stamping out hatred.
What to do now
Most visa holders and applicants will never face a character decision. If you have any criminal history, pending charges or a family violence order, take these steps:
- Answer every character question in full. Declare convictions, charges and court orders on every visa form. Non-disclosure creates separate problems on top of the character issue.
- Watch your deadlines. A notice of intention to refuse or cancel sets a date for your response. For a mandatory cancellation, the Migration Regulations give 28 days from notification to request revocation. Late requests fail.
- Address all four primary considerations. Give evidence on community safety, such as rehabilitation programs, completed courses, references and clean records since the offence.
- Still put your ties on the record. Ties carry less weight but still count. Include evidence on years in Australia, family, children's needs and hardship if removed.
- Update older submissions. If your matter will be decided on or after 31 October, rewrite arguments built for Direction 110.
- Use a registered professional. Character matters carry permanent consequences. Use a lawyer or a migration agent registered with the Office of the Migration Agents Registration Authority (OMARA).
If you plan a move to Australia and have an old conviction, check the Home Affairs character requirements before you apply, and keep police certificates and court records ready.
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