Ministerial Direction 123: Visa Character Changes from 31 October 2026

Ministerial Direction 123 commences on 31 October 2026 and replaces Direction 110. It guides delegates and the Administrative Review Tribunal (ART) when deciding character-based visa refusals, discretionary cancellations and requests to revoke mandatory cancellations.

Information checked on 9 October 2026. Direction 123 is not yet in force.

If you have received a character notice, identify your response deadline now. Do not wait for the new direction to commence before seeking advice.

What changes under Ministerial Direction 123?

The four primary considerations are community protection, domestic or family violence, community expectations, and the interests of children under 18 in Australia, including child victims. Community protection generally receives greater weight than the other primary considerations.

Ties to Australia move to the “other considerations”. They remain relevant; the change does not mean family connections or long residence can be ignored. The definition of domestic or family violence expressly includes coercive control and technology-facilitated abuse. The direction also contains guidance on hatred and extremism in Annex A.

These points come from paragraphs 4, 7–9 and Annex A of Direction 123 (PDF, reproduced copy hosted by No Worries Migration). This is a copy of the instrument, not a Home Affairs-hosted download.

Direction 110 versus Direction 123

Under Direction 110, ties to Australia are one of five primary considerations. It commenced on 21 June 2024 and remains the applicable direction until the replacement commences.

For a pending matter, ask your lawyer to check the direction applicable at the time of decision and whether your evidence or submissions need updating. A submission prepared months ago may need a fresh assessment before the Department or Tribunal decides the case.

Does Direction 123 automatically cancel my visa?

No. The cancellation powers and character test are in section 501 of the Migration Act 1958. A direction guides decision-making; it is not itself a cancellation decision. Discretionary refusal or cancellation and mandatory cancellation are different processes. Your notice should identify the power being used.

Start by checking whether you have received a request for information, a notice proposing cancellation, a cancellation decision, or a decision refusing to revoke cancellation. Each requires a different response. Keep the complete notice, its attachments and the email or envelope showing when it arrived.

What evidence should you prepare?

A useful first step is to organise a dated case file for your lawyer. Depending on the issues, it may include:

• The Department’s notice, previous submissions and any Tribunal correspondence.
• Court outcomes, sentencing remarks and the terms of relevant orders.
• Records of treatment, counselling or rehabilitation, with dates and provider details.
• Evidence of actual caring responsibilities, family circumstances and the needs of affected children.
• A timeline of residence, employment and community involvement, supported by records.

This is a preparation checklist, not a formula for success. Ask your lawyer which evidence is relevant and how to address adverse material accurately. General character references should not substitute for a response to the concerns identified in your notice.

Can I ask the ART to review a character decision?

Some delegate decisions under sections 501 and 501CA can be reviewed by the ART. Review rights depend on the decision and your circumstances; do not assume every cancellation has the same appeal pathway.

For the onshore expedited matters covered by the ART’s character-review fact sheet, the application period is nine days after receipt of the decision and the two sets of Departmental documents. If the ninth day is a weekend or public holiday, the fact sheet specifies the next working day. The Tribunal cannot extend that application time limit. This is not a general nine-working-day rule.

Have the notification documents checked immediately. A request to the Department and an application to the ART are separate steps.

Get advice on your character notice

Emigrate Lawyers can assess the notice, identify the relevant process and help prepare a response supported by evidence. Read about our visa cancellation assistance and visa refusal assistance, or contact us with the notice and the date you received it.

This article provides general information. The available options depend on the legislation, the decision and your individual circumstances.