Australia’s migration framework is set to introduce new guidance for visa refusal and cancellation decisions on character grounds.
Direction 123 replaces Ministerial Direction 110 and provides updated guidance for decision-makers considering matters under sections 501 and 501CA of the Migration Act 1958.
Direction 123 is effective from 31 October 2026.
The changes include a new character test ground relating to hatred and extremism, broader domestic and family violence considerations, changes to the treatment of ties to Australia, and a lower threshold for assessing certain future conduct risks.
What is Direction 123?
Direction 123 provides guidance to decision-makers when considering visa refusal and cancellation matters on character grounds.
It replaces Direction 110, which previously set out the relevant considerations for decisions under sections 501 and 501CA.
The Migration Act’s character requirements can be relevant to both visa applicants and existing visa holders. The Department of Home Affairs notes that a person must meet the character requirements to be granted a visa and remain in Australia.
Direction 123 is scheduled to take effect on 31 October 2026.
The primary considerations have changed
One of the key changes is the reduction from five primary considerations under Direction 110 to four under Direction 123.
Under Direction 110
The five primary considerations were:
- Protection of the Australian community
- Family violence
- Strength, nature and duration of ties to Australia
- Best interests of minor children
- Expectations of the Australian community
Under Direction 123
The four primary considerations are:
- Protection of the Australian community
- Domestic or family violence
- Expectations of the Australian community
- Best interests of minor children, including child victims
Ties to Australia is no longer a primary consideration. It moves to an other consideration, alongside matters including legal consequences and impediments if a person is removed from Australia.
A new character test ground for hatred and extremism
Direction 123 introduces a new character test ground relating to hatred and extremism.
According to the MIA snapshot, the new ground under section 501(6)(baa) covers matters including:
- Membership of or association with a terrorist organisation
- Association with a state sponsor of terrorism
- Association with a prohibited hate group
- Conduct constituting a hate crime
- Making, endorsing or encouraging certain hateful public statements
The Department of Home Affairs’ character guidance also identifies these types of conduct and associations within its explanation of the character test.
The future conduct risk threshold is changing
Another significant change concerns the assessment of potential future conduct.
Under Direction 123, the relevant threshold moves from a risk that a person “would” or “will” engage in specified conduct to a risk that they “might” engage in it.
The change is set out in Annex A, sections 7 and 7.1–7.3 of the new Direction.
This means the wording used by decision-makers when assessing certain future conduct risks will change when Direction 123 takes effect.
Domestic and family violence considerations are broader
Direction 123 also broadens the definition of domestic and family violence.
The updated definition includes additional conduct such as:
- Image-based abuse
- Stalking
- Breaching court orders
The scope of covered relationships is also expanded to include relationships involving caregiving and cultural family groups.
Domestic or family violence remains a primary consideration under Direction 123.
Other changes under Direction 123
- Sentence weighting
Direction 123 removes the previous sentence weighting carve-out.
The sentence imposed is now relevant across all offence types rather than being excluded for certain serious categories.
- Australian business interests
The impact on Australian business interests is no longer listed as an other consideration that decision-makers must take into account under the new Direction.
This is a change from the previous framework under Direction 110.
What does Direction 123 mean for visa applicants and visa holders?
The changes are particularly relevant to people whose immigration circumstances involve character considerations.
This may include matters involving:
- Criminal conduct or convictions
- Domestic or family violence
- Certain associations or conduct relating to hatred and extremism
- Potential future conduct concerns
- Visa refusal or cancellation under section 501
Revocation of mandatory cancellation under section 501CA
The Department explains that character requirements apply both when seeking a visa and when seeking to remain in Australia.
Direction 123 does not replace the underlying character provisions in the Migration Act. Rather, it provides updated guidance for decision-makers applying the relevant legislative framework.
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What should visa holders and applicants do?
If you have a current or prospective visa matter involving character considerations, it is important to understand which provisions and guidance apply to your circumstances.
You should consider:
- Whether character provisions are relevant to your visa matter
Character requirements can affect both visa applications and existing visa holders. - Whether a matter may fall within section 501
Section 501 provides the legislative framework for visa refusal and cancellation on character grounds. - Whether Direction 123 will apply to your matter
Direction 123 takes effect from 31 October 2026 and replaces Direction 110. - Whether you need legal advice
Character matters can involve complex questions about evidence, decision-making powers, review rights and the interaction between the Migration Act and Ministerial Directions.
Our Complex Matters team assists with character waiver matters, visa refusal responses, tribunal appeals and ministerial intervention.
How Gilton Valeo can help
Character-related immigration matters can have significant consequences for visa applicants and visa holders.
Our immigration lawyers can assist with matters involving section 501 character issues, visa refusals and cancellations, merits review and ministerial intervention.
You can learn more about our Complex Matters services or contact our team to discuss your circumstances.
For the latest official information, refer to the Department of Home Affairs character requirements and the relevant legislation.
