If you hold an Australian visa, or have an application waiting for a decision, the rules decision makers follow on character have changed. Ministerial Direction 123 commenced on 31 October 2026 and replaced Direction 110, the direction that previously guided character test decisions. The new direction changes which factors carry the most weight, adds a sharper focus on family violence, and makes clear that serious conduct does not have to be a crime. In this guide, we explain, in plain language and using the direction's own words, what Direction 123 says, who must follow it, and what a visa holder in Brisbane or anywhere in Australia should do now.
The Department of Home Affairs states that "The character requirements are set out under section 501 of the Migration Act 1958" (Home Affairs, Character). Section 501 allows a visa to be refused or cancelled on character grounds, and section 501CA deals with requests to revoke a mandatory cancellation.
Ministerial Direction 123 is titled "Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA" (Direction no. 123). It is a direction made by the Minister that tells decision-makers how to approach these decisions.
The direction applies to a "decision-maker", which it describes as a delegate of the Minister, or a body such as the Administrative Review Tribunal, making a decision under section 501 or 501CA. In practical terms, this means Department officers and the Tribunal must apply Direction 123 when they consider character refusals, cancellations and revocation requests.
The direction states plainly: "This Direction commences on 31 October 2026." It also states that Direction no. 110 "is revoked with effect from the date this Direction commences" (Direction no. 123). The version published by the Department is a consolidated version incorporating the amendments made by Direction No. 123A.
The direction sets out the principles behind it. Among them:
"The safety of the Australian Community is the highest priority of the Australian Government." (Ministerial Direction no. 123, Department of Home Affairs)
It also states that "Australia has a low tolerance of any criminal or other serious conduct by visa applicants" and that Australia has a sovereign right to determine whether non-citizens of character concern are allowed to enter or remain.
For anyone with a pending section 501 or 501CA matter, the key point is simple: decisions made from 31 October 2026 are being considered under Direction 123, not Direction 110.
Direction 123 lists four primary considerations. In the direction's own words, they are:
"protection of the Australian community from criminal or other serious conduct"
"whether the conduct engaged in constituted domestic or family violence"
"expectations of the Australian community"
"the best interests of minor children in Australia, including the interests of child victims"
The direction states that protection of the Australian community "is generally to be given greater weight than other primary considerations", and that primary considerations "should generally be given greater weight than the other considerations" (Direction no. 123).
On children, the direction sets out eleven factors that must be considered where relevant when assessing the best interests of minor children. The explicit reference to "child victims" is worth noting: the interests of children harmed by conduct sit alongside the interests of a visa holder's own children.
One of the most significant changes for long-term residents is where ties to Australia now sit. Under Direction 123, "the strength, nature and duration of ties to Australia" appears in the list of other considerations, not the primary considerations.
The three other considerations listed in the direction are:
"the strength, nature and duration of ties to Australia"
"legal consequences of the decision"
"extent of impediments if removed"
These factors still have to be considered. However, because the direction says primary considerations should generally be given greater weight, a person's family, work and community connections in Australia are now weighed within a framework that generally places community protection first. This does not mean ties are irrelevant; it means how they are presented, and the evidence behind them, matter a great deal.
Direction 123 gives detailed attention to domestic and family violence. Its definition covers behaviour that is "threatening, coercive, controlling or dominating", as well as behaviour that is "physically, sexually, emotionally, psychologically or economically abusive". The direction also defines forced marriage.
Importantly, the direction states that "serious conduct includes behaviour or conduct of concern that does not constitute any criminal offence" (Direction no. 123). In other words, a person does not need a conviction for conduct to be relevant to a character decision.
Under the expectations of the Australian community consideration, the direction lists conduct including:
acts of domestic or family violence
causing a person to enter into, or being a party to, a forced marriage (other than as a victim)
serious crimes against women, children or other vulnerable members of the community
crimes against government representatives or officials
involvement or reasonably suspected involvement in human trafficking or people smuggling
worker exploitation
engaging in hate speech, or inciting violence, discord or racial disharmony
The inclusion of worker exploitation is a reminder that character concerns are not limited to violent offending.
The Department states that when you apply for a visa you must declare all criminal conduct you have been charged with or convicted of, in any country, and that it may ask for documents such as a police certificate or Form 80 (Home Affairs, Character). Our earlier guide to the character requirement and Form 80 explains what must be declared and how.
The Department also states: "We may cancel your visa at any time, if you no longer meet the character requirements." For that reason, character is not only an application issue; it remains relevant for as long as you hold a visa.
Practical steps that may help include:
Keep accurate records of any charges, court outcomes, intervention orders or prior visa refusals.
Answer every character question honestly and completely; never omit conduct because it seems minor or old.
Gather evidence of rehabilitation, employment, family responsibilities and community involvement early.
If children are involved, keep documents showing your role in their care and wellbeing.
If you receive a notice of intention to consider refusal or cancellation, or your visa has been subject to a mandatory cancellation, seek advice from a registered migration agent or lawyer immediately. Strict time limits apply, and missing them can close off options.
Migration Star is a Brisbane-based registered migration practice led by principal agent Rohit Sharma, MARA No. 1797395. We can review your circumstances against the character requirements and Direction 123, help you prepare honest and well-evidenced disclosures, and explain your options, subject to Department requirements; see our full services. Outcomes depend on individual circumstances, and we never guarantee a result. To discuss your situation, book a 30-minute Migration Consultation ($165), call 07 3519 5619, or visit us at Level 2, 8 Clunies Ross Court, Eight Mile Plains QLD 4113. Book here: https://www.migrationstar.com.au/book-a-consultation
Information current as at 11/11/2026. Migration outcomes depend on individual circumstances. Visa criteria may change.
Information current as at 11/11/2026. Migration Star is a registered migration practice. Principal agent Rohit Sharma, MARA No. 1797395. Migration outcomes depend on individual circumstances. Visa criteria may change. This article is general information only and does not constitute migration advice. For advice on your specific situation, book a consultation at migrationstar.com.au.
Migration Star | MARA No. 1797395 | migrationstar.com.au | 07 3519 5619