October 31 2026:
New Character Ministerial Direction 123
**Content note: this article refers to family and domestic violence, child abuse and hate crime.**
On 31 October 2026, Direction no. 123 took effect, replacing Direction no. 110. It guides how decision-makers, including Department delegates and the Administrative Review Tribunal, approach visa refusals and cancellations under s 501 and revocation requests under s 501CA of the Migration Act 1958 (Cth).
The headline is simple: community safety is stated to be the Government’s highest priority, and family violence, harm to children, and hate and extremism now sit at the centre of the framework.
The key changes at a glance
Four primary considerations, not five. Ties to Australia is no longer a primary consideration. It now sits among the “other considerations”, so while it still matters, it will generally carry less weight.
A broader approach to family and domestic violence. The definition is wider, covering coercive and controlling behaviour, technology-facilitated abuse, image-based abuse and economic abuse. It can be considered even where there is no conviction, including where authoritative sources such as protection orders or police records indicate involvement.
A stronger focus on children. The best interests of minor children now expressly include child victims, and the impact of psychological and economic abuse and exposure to family violence.
New guidance on hatred and extremism. The Direction adds guidance on the hatred and extremism ground in s 501(6)(baa), including statements made online or overseas.
A wider view of “serious conduct”. Conduct of concern is no longer limited to criminal offences.
What this means for you
For people with long residence in Australia and strong family connections, those factors now generally carry less weight against serious concerns. That makes early, well-organised preparation more important than ever.
Whether you are a practitioner or someone facing a s 501 or s 501CA process, now is a good time to:
- review any material prepared under Direction 110
- gather clear, independent evidence, particularly on rehabilitation and the interests of any children involved
- understand your public and online record early
How we can help
Character matters are complex and often urgent. Our team combines legal knowledge with a practical, human-first approach, and we will give you a clear and realistic view of where you stand.
If you or your client is facing a character-related matter, get in touch.
This article is general information only and is not legal advice. Please obtain advice on your own circumstances.
#MigrationLaw #AustralianImmigration #Section501 #MD123 #CharacterTest #AustralianVisa
Current as at 31 Oct 2026
