Ministerial Direction 123: What Changed When It Replaced Direction 110 on 31 October 2026

Ministerial Direction 123 is the binding direction decision-makers must follow when they refuse or cancel a visa on character grounds under section 501 of the Migration Act, or decide a request to revoke a mandatory cancellation under section 501CA. It started on 31 October 2026 and revoked Direction 110.

Delegates of the Minister and the Administrative Review Tribunal (ART) both have to apply it. Section 499(2A) of the Act requires them to comply.

Its biggest change is structural. Your ties to Australia, including how long you've lived here and your family here, are no longer a primary consideration. Primary considerations generally carry more weight than other considerations, so that move matters. The direction also redefines family violence, adds child victims, puts hate speech on the community expectations list and rewrites several principles.

Primary considerations: Direction 110 against Direction 123

Five primary considerations became four. Weighting rules didn't change: protection of the community is generally given greater weight than the other primary considerations, and primary considerations generally outweigh other considerations. The direction keeps the list of other considerations open, so it isn't limited to the ones named.

Ties to Australia moved down the list

Under Direction 110, a decision-maker weighed your ties to Australia as a primary consideration. Under Direction 123 they're an other consideration, which a decision-maker must still take into account where relevant. What counts has changed too.

Decision-makers must still consider the impact on immediate family members in Australia who are citizens, permanent residents or people with a right to remain indefinitely. For a cancellation or a revocation request, they must also look at how long you've lived here, including whether you arrived as a young child, and your family and social links.

But the wording on weight is broader:

• Less weight for early conduct. Direction 110 gave less weight to time in Australia where offending started soon after arrival. Direction 123 extends that to offending or other serious conduct that started soon after arrival or soon after you turned 18.
• Positive contribution. Direction 110 said more weight should go to time spent contributing positively to the Australian community. Direction 123 lists any positive contribution as a separate matter to consider, without that wording.

Worked example: a revocation request under section 501CA from someone who arrived as a young child and has lived here for decades. Under Direction 110, those ties sat among the primary considerations. Under Direction 123, the same ties are an other consideration, and primary considerations, including the expectations of the Australian community, generally carry more weight.

Family violence, child victims and hate speech

Direction 123 defines "domestic or family violence" for the first time. It covers conduct towards a person someone is or was in a family or domestic relationship with that is threatening, coercive, controlling or dominating, or physically, sexually, emotionally, psychologically or economically abusive. It includes exposing a child or relative to that conduct. Its listed examples go beyond assault: coercive control, harassment, abuse by phone or online, and image-based abuse are all named.

Children get more attention. Decision-makers should consider the best interests of any child victims of the non-citizen, including the effect on them of any future offending. A new principle names conduct affecting minor children, alongside domestic or family violence, as conduct so serious that even strong countervailing considerations may not be enough.

Community expectations now cover hate speech. The direction lists conduct for which the community expects the Government to refuse or cancel a visa, and that list now includes engaging in hate speech, inciting violence, discord or racial disharmony, or advocacy that might lead someone else to do so. That list is expressly not exhaustive. And these expectations now apply even if the person would stay in Australia on a temporary visa, or on a visa designed to allow their removal when that becomes practicable.

The other changes in Direction 123

Several principles were rewritten:

• Wider conduct. People who have "advocated for, or encouraged" criminal or other serious conduct are now covered, not only those who engaged in it.
• Social fabric. A new sentence says the Australian community recognises that the simple presence of such non-citizens harms the social fabric of the nation.
• Following migration rules. A new principle says the community expects non-citizens to follow the rules of the migration framework, including leaving Australia when the right to stay has ended.

Risk assessment changed as well. Some people would stay in Australia on a temporary visa after a refusal, a cancellation or a refusal to revoke. For them, decision-makers proceed on the Government's view that the community is better protected by keeping the person available for removal. They also proceed on the possibility of conditions on that temporary visa. Beyond that guidance, the direction says decision-makers aren't required to assess risk in any particular way.

When Direction 123 applies, and reviewing a decision

Direction 110 was revoked with effect from 31 October 2026. Direction 123 sets no separate rule for matters that started earlier, so a decision made on or after 31 October 2026 is made under Direction 123.

A character decision made under section 501 or 501CA while you were in Australia is an expedited review at the ART. You must apply within 9 days after being notified of the decision, and the ART has no power to extend that time. The ART must decide within 84 days of the date you were notified. For other character reviews, you usually have 28 days. The ART's standard fee applies to character reviews, currently $1,195. Our guide to visa refusals and ART deadlines explains how review works.

A cancellation notice or a revocation request now runs entirely under the new direction. Write any submission to the four primary considerations in Direction 123, not to the five in Direction 110.

FAQ

What is Ministerial Direction 123?

It's the direction under section 499 of the Migration Act that decision-makers must follow for character refusals and cancellations under section 501, and revocation requests under section 501CA. It started on 31 October 2026 and revoked Direction 110. It binds Department delegates and the Administrative Review Tribunal.

What does a ministerial direction mean?

A ministerial direction is a written direction the Minister gives under section 499 of the Migration Act about how decision-makers perform their functions. Under section 499(2A), people and bodies making decisions under the Act must comply with it. Direction 123 is the one that now applies to character decisions.

What is section 501 of the Migration Act?

Section 501 is the character power. A visa may be refused if the applicant doesn't satisfy the decision-maker that they pass the character test. A visa may be cancelled if the decision-maker reasonably suspects the holder doesn't pass it and the holder doesn't satisfy them otherwise. Some cancellations are mandatory, and section 501CA covers requests to revoke those.

What are the consequences of a character grounds visa cancellation?

Direction 123 reminds decision-makers that an unlawful non-citizen is liable to removal from Australia as soon as reasonably practicable, and to detention in the meantime. It also requires them to consider any non-refoulement obligations raised, and the impact on immediate family members in Australia who are citizens or permanent residents.

Has Direction 110 been replaced?

Yes. Direction 110 was revoked on 31 October 2026, when Ministerial Direction 123 started. A character decision under section 501 or 501CA made from that date is made under Direction 123, which has four primary considerations instead of five. Ties to Australia moved from a primary consideration to an other consideration.

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Received a notice of intention to consider cancellation, or preparing a revocation request? Book a consultation and we'll build your response around Direction 123's considerations within your deadline. Our refusals and appeals service handles character matters and ART reviews.