If you or someone in your family is facing a visa refusal, a visa cancellation or a request to have a cancelled visa restored on character grounds, a significant change is coming. Ministerial Direction 123 was signed on 18 September 2026 and is due to start on 31 October 2026. It will replace Direction 110, the rulebook decision-makers currently follow when they apply the character test.
This guide explains, in plain English, what Direction 123 is, what changes, who may be affected and what sensible next steps look like. It is based on the details published so far; the full text should always be checked before advice is given on a particular case.
Step 1. Understand what a Ministerial Direction does
A rulebook for decision-makers
Under section 501 of the Migration Act, a visa can be refused or cancelled if a person does not pass the character test. Some cancellations are mandatory, for example where a person is serving a full-time prison sentence and has a substantial criminal record. In those cases the person can ask for the cancellation to be revoked under section 501CA.
A Ministerial Direction, made under section 499 of the Act, tells Department of Home Affairs officers and the Administrative Review Tribunal (ART) which factors to weigh, and how, when they make these decisions. It does not change the law itself, but in practice it shapes how almost every character decision is reasoned.
Which decisions Direction 123 covers
Direction 123 will apply to visa refusals and cancellations under section 501 (including mandatory cancellation) and to revocation requests under section 501CA. That is the same ground Direction 110 covers today.
Step 2. Know what is changing under Direction 123
Four primary considerations instead of five
Direction 110 lists five primary considerations. Under Direction 123 there will be four:
- protection of the Australian community;
- family and domestic violence;
- the expectations of the Australian community; and
- the best interests of minor children in Australia, including children who are victims.
Ties to Australia move down the list
The biggest structural change is that the strength, nature and duration of your ties to Australia moves from a primary consideration to an “other consideration”. Under Direction 110, primary considerations are generally given more weight than other considerations, so this move matters for people whose case relies heavily on long residence or family in Australia. Impact on Australian business interests is removed as a listed other consideration.
Other changes reported so far
Direction 123 also expands the definition of family and domestic violence, treats hate-crime conduct and certain serious drug or property offending (sentences of five years or more) more severely, adds guidance about problems returning to a third country, and changes some future-risk wording from whether a person “would” or “will” engage in certain conduct to whether they “might” do so.
| Topic | Direction 110 (applies until 30 October 2026) | Direction 123 (from 31 October 2026) |
|---|---|---|
| Number of primary considerations | Five | Four |
| Ties to Australia | Primary consideration | Other consideration |
| Impact on Australian business interests | Listed other consideration | No longer listed |
| Family and domestic violence | Primary consideration | Primary consideration, with a broader definition |
| Best interests of minor children | Primary consideration | Primary consideration, expressly including child victims |
| Future-risk wording | “Would” / “will” | “Might” in several places |
Step 3. Work out whether it will affect your case
Timing is the key question
Direction 110 still applies until Direction 123 starts on 31 October. In general, the Direction that matters is the one in force when the decision is actually made, not when you lodged your request. So a case lodged now but decided in November may well be decided under the new rules.
People most likely to feel the change
The change is likely to matter most if you have a character matter that is still undecided and your case leans heavily on long residence, arriving in Australia as a child, or family and community ties. It also matters if your offending involves family violence, as that area has been broadened. Every case is different, and what matters depends on your individual circumstances.
Direction 123 changes how much weight each factor tends to receive. It does not decide any case in advance, and it does not make long residence, family ties or rehabilitation irrelevant.
What Direction 123 does not do
It does not amend the Migration Act, it does not make cancellation automatic, and it does not predetermine refusal or non-revocation. Decision-makers must still weigh your particular circumstances. What changes is where each factor sits and how it tends to be weighed.
Step 4. Act before the deadline, not after
Character decisions come with strict time limits, often counted in days or weeks, and they generally cannot be extended. If you are dealing with a character matter, this simple checklist is a good place to start:
- ☐ Confirm exactly which decision you are facing: refusal, cancellation, a revocation request or a Tribunal review.
- ☐ Find the date on your notice and work out your deadline straight away.
- ☐ Estimate whether your matter is likely to be decided before or after 31 October 2026.
- ☐ If it may be decided after 31 October, have your submission reviewed against the new structure rather than simply relabelled.
- ☐ Do not assume long residence alone will carry your case; make sure every part of your story is clearly explained.
- ☐ Get advice from a registered migration agent early, while there is still time to prepare.
Why a rewrite, not a rename
A submission written for Direction 110 may give prominent space to ties to Australia as a primary factor. Under Direction 123 that structure may no longer match how the decision-maker is directed to reason. Your circumstances are the same; how they need to be presented may be different. You can read more about the process in our guide to asking for a cancelled visa back.
Frequently asked questions
Does Direction 123 apply to my case now?
Not yet. Direction 110 applies until 31 October 2026. After that date, decisions are generally made under Direction 123, including on requests lodged earlier that are still undecided.
Do my ties to Australia no longer count?
They still count. Ties to Australia move from a primary consideration to an other consideration, so they generally carry less automatic weight, but they remain part of the assessment and still need to be explained and supported properly.
I have already lodged a revocation request. What should I do?
If your request is still undecided on 31 October, it may be decided under Direction 123. It is worth having your submission reviewed now, and keeping any other deadlines in your matter firmly in view.
Does Direction 123 mean my visa will be cancelled?
No. Direction 123 does not make cancellation automatic. Each case is still decided on its individual circumstances.
How HECT can help
HECT Migration & Appeal Experts is a registered migration agency that works on visa refusals, cancellations and Tribunal reviews every day. We can check which Direction is likely to apply to your matter, review an existing submission against Ministerial Direction 123, and guide you through section 501 visa refusal and cancellation matters and ART reviews. We work in English and Mandarin across our Australian offices.
If you have received a character notice, a cancellation decision or a refusal, book a free visa appeal consultation and we will tell you plainly where you stand.
Source: Ministerial Direction No. 123 under section 499 of the Migration Act 1958 (signed 18 September 2026, commencing 31 October 2026), Department of Home Affairs. Current rules: Direction No. 110, Department of Home Affairs.
This article is general information only and is not immigration assistance for your particular case. HECT Migration & Appeal Experts is a registered migration agency, not a law firm.
