When does Ministerial Direction 123 start?

On 31 October 2026. It was signed on 18 September 2026 and replaces Direction 110, which has applied since 21 June 2024.

What does Direction 123 apply to?

It guides decision-makers using the powers in section 501 of the Migration Act to refuse or cancel a visa on character grounds, and decisions under section 501CA on whether to revoke a mandatory cancellation. Delegates of the Department and the Administrative Review Tribunal must comply with it under section 499.

What are the primary considerations under Direction 123?

As summarised by the Migration Institute of Australia: protection of the Australian community, domestic or family violence, the expectations of the Australian community, and the best interests of minor children, including child victims. Direction 110 had five, and the fifth was the strength, nature and duration of ties to Australia.

Are ties to Australia still considered under Direction 123?

Yes, but as an other consideration rather than a primary one, alongside the legal consequences of the decision and impediments if removed. In practice that gives ties less weight relative to the primary considerations.

Does Direction 123 change the character test itself?

The character test is in section 501(6) of the Migration Act, and a Direction cannot be inconsistent with the Act. Direction 123 changes how decision-makers weigh a case once the test is engaged, including guidance on assessing the risk of future conduct.

How long do I have to ask for a mandatory cancellation to be revoked?

A request under section 501CA must generally be made within 28 days of being notified, and that time cannot be extended. If the request is refused, an application to the Administrative Review Tribunal must be lodged within 9 days of receiving the decision and documents. Get advice immediately; these deadlines are strict.

Ministerial Direction 123: character test changes from 31 October 2026

Direction 123 replaces Direction 110 for visa refusal, cancellation and revocation on character grounds from 31 October 2026. Four primary considerations instead of five, a lower future-risk threshold, and what it means for visa holders and their agents.

From 31 October 2026, decisions to refuse, cancel or restore a visa on character grounds will follow Ministerial Direction 123. It replaces Direction 110, which has applied since June 2024. The Minister signed it on 18 September 2026.

The headline change is that ties to Australia stop being a primary consideration. A person’s years here, their family and their work still count, but they are now weighed as an “other consideration”, behind protection of the community, domestic and family violence, community expectations and the interests of children.

If you or a family member hold a visa and have a criminal record, a pending charge, or a notice from the Department about character, read this, and speak to a registered migration agent or lawyer before 31 October if you can.

At the time of writing, the full text of Direction 123 has not been published on the Home Affairs website. What follows is drawn from the Migration Institute of Australia’s legislation update of 22 September 2026 and published commentary. Check the primary text when it appears.

What a Direction does, and what it does not

The character test is in section 501(6) of the Migration Act. A person fails it if, for example, they have a substantial criminal record, or there is a risk they would engage in certain conduct. That test is law, and a Direction cannot change it.

A Direction under section 499 tells decision-makers how to use their discretion once the test is engaged: what to consider, and how much weight each factor gets. Delegates of the Department and members of the Administrative Review Tribunal must comply with it.

So Direction 123 does not create new offences. It changes how a case is weighed, and that can change the outcome.

Five primary considerations become four

Direction 110 (to 30 October 2026)	Direction 123 (from 31 October 2026)
Protection of the Australian community	Protection of the Australian community
Family violence	Domestic or family violence
Strength, nature and duration of ties to Australia	Moved to “other considerations”
Best interests of minor children	Best interests of minor children, including child victims
Expectations of the Australian community	Expectations of the Australian community

Source: Migration Institute of Australia, Direction 123 legislation update, 22 September 2026.

The six changes that matter most

As set out in the Migration Institute’s summary:

Ties to Australia are demoted. They become an other consideration, alongside the legal consequences of the decision and the impediments a person would face if removed.
The future-risk threshold is lower. Guidance on assessing future conduct moves from a risk the person “would” or “will” engage in the conduct to a risk they “might”.
Domestic and family violence is defined more broadly. The list of conduct is longer, including image-based abuse, stalking and breaching court orders. The relationships covered now extend to caregiving and cultural family groups.
New guidance on hatred and extremism. Annex A addresses association with terrorist organisations, state sponsors of terrorism and prohibited hate groups, hate crime conduct, and hateful public statements.
The sentence matters for every offence type. A carve-out that excluded sentence weighting for some serious categories is removed.
Impact on Australian business interests is removed as a consideration decision-makers must take into account.

Commentators disagree on how much this tightens outcomes in practice. The direction of travel is not in dispute: a long life in Australia counts for less than it did.

Who should pay attention

Visa holders with a criminal conviction, especially anyone who has served a sentence of 12 months or more, which is one of the substantial criminal record limbs of section 501(7).
Anyone with a domestic or family violence order or charge, given the broader definition.
People who have received a notice of intention to consider cancellation, or whose visa was cancelled and who are preparing a revocation request.
Applicants for a further visa or citizenship who disclosed a character concern on a previous application.

Which Direction applies to my case?

The Direction in force when the decision is made is generally the one the decision-maker applies. A response prepared now, under Direction 110, may be decided after 31 October under Direction 123. Commentators note that the answer for matters straddling the date is not always obvious, so confirm it case by case with your adviser.

If you have already made submissions that rely heavily on your ties to Australia, it may be worth reviewing them so they also address the four primary considerations directly.

The deadlines that cannot be extended

Character matters run on short, fixed clocks.

Step	Time limit
Request to revoke a mandatory cancellation (section 501CA)	Generally 28 days from notification. Cannot be extended.
Application to the ART after a revocation request is refused	9 days after receiving the decision and the documents. Cannot be extended.
Response to a notice of intention to consider cancellation	The period stated in the notice.

Missing one of these usually ends the matter. If you have a notice, act on it the day it arrives.

For registered migration agents

A change in the rules of weighing is a reason to re-read every open character file, not only new ones.

Find the files. List every client with an open section 501 or 501CA matter, a notice of intention, or a disclosed character issue on a pending application.
Check the dates. For each one, confirm the notification date, the deemed notification date where relevant, and the response or review deadline. Section 33 of the Code of Conduct requires you to know when a response must be made and to weigh the consequences of missing it.
Re-read the submissions. Anything decided on or after 31 October will be weighed under Direction 123. Submissions built around ties to Australia should also address the four primary considerations.
Tell the client in writing. Section 39 of the Code requires you to keep clients informed of material developments. A change to how their case will be weighed is one.
Note the advice. If you explain this by phone, section 55 requires a written record of oral advice.

In Centrio: every matter carries its own deadlines with reminders before each one, and overdue items escalate to the account owner. You can search matters by subclass to find the affected files in one view, record the advice as a typed file note, and send the client an update from a template. We wrote more on tracking the deadlines that become complaints.

For how the other Directions fit together, see Ministerial Directions explained.

This is general information, not migration or legal advice. Character matters have serious consequences and strict deadlines. Speak to a registered migration agent or an Australian legal practitioner about your situation. Details of Direction 123 are from secondary sources pending publication of the full text, and should be checked against it.

Sources:

Direction 123 starts on 31 October. Ties to Australia are no longer a primary consideration in character decisions.