Ministerial Direction 123 commences on 31 October 2026 and replaces Ministerial Direction 110, resetting how the Department of Home Affairs and the Administrative Review Tribunal (ART) decide visa refusals, cancellations and revocations under the character test in section 501 of the Migration Act 1958. Signed by the Minister for Home Affairs, Tony Burke, on 18 September 2026, the new Direction cuts the decision-making factors from five to four, moves a visa holder’s ties to Australia out of the primary considerations and into a secondary role, and substantially widens the definition of family and domestic violence that decision-makers must weigh. For partner visa applicants and sponsors in particular, the practical effect is a lower bar for a family-violence-related refusal or cancellation, and a weaker safety net in ties to Australia to argue against it.
What is Ministerial Direction 123?
Ministerial Direction 123 is a legally binding instruction, issued by the Minister under section 499 of the Migration Act 1958, that tells Home Affairs delegates and ART members how to weigh up the factors in a character test decision. It doesn’t change the wording of section 501 itself – it changes how the people applying that section are told to think about it. Direction 123 replaces Direction 110, which was signed on 7 June 2024, and it governs every visa refusal, cancellation and revocation decided on character grounds from 31 October 2026 onward, across every visa subclass, not just partner and family visas.
How is Direction 123 different from Direction 110?
Direction 110 ran on five primary considerations; Direction 123 narrows that to four: protection of the Australian community, family and domestic violence, community expectations, and the best interests of minor children in Australia. A visa holder’s ties to Australia – family, work history, length of residence – no longer sit in that primary group. Under Direction 123 it drops into the secondary “other considerations” bucket, alongside factors like the extent of impediments the person would face if removed. In practice, that means a long-standing presence in Australia carries noticeably less weight against a character-test cancellation than it did under Direction 110.
Two other changes round out the structural shift. The impact on Australian business interests, which Direction 110 listed as a factor a decision-maker could weigh in the visa holder’s favour, has been removed from Direction 123 entirely. And sentence-length considerations, previously excluded for a narrower set of offence categories, now apply across all offence types, so a prison sentence counts against the visa holder regardless of what the underlying offence was.
How has the family and domestic violence definition changed?
Direction 123 significantly broadens what counts as family and domestic violence for character-test purposes. The updated definition brings in image-based abuse, stalking, and breaches of family violence orders or other court orders, none of which were spelled out under Direction 110. It also widens the range of relationships that count, extending beyond partners and immediate family to caregiving relationships and the wider family and kinship structures recognised in some cultural contexts. The factor itself has been split into separate limbs covering the perpetrator, the victim, and the best interests of any children involved, rather than being folded into one broader consideration. AHC Lawyers, in its review of the Direction, describes the practical effect as making cancellation close to automatic once a decision-maker is satisfied a person has perpetrated family violence. That is exactly why this change matters more for partner visa sponsors and applicants than for almost any other visa cohort, and why reviewing your own documentation now, before 31 October, is worth the hour it takes. If you’re checking where your own partner visa eligibility stands against the new definition, or want to confirm your evidence file is in order, that review is best done well ahead of the commencement date, not after a decision has already been made.
Does the “would” to “might” threshold change under Direction 123?
No, and this is a distinction worth getting right, because the two changes are often run together in casual commentary. The shift from “would” to “might” in section 501(6)(d), which lowers the threshold for finding that a person’s presence “might” (rather than “would”) vilify or incite discord in the Australian community, took effect on 22 January 2026 under the Combatting Antisemitism, Hate and Extremism (Criminal and Migration Laws) Act 2026. That’s a statutory change to the Migration Act itself, not something Direction 123 does. What Direction 123 does is update Annex A with fresh guidance for decision-makers applying that already-lowered statutory threshold, and add new guidance on assessing a person’s links to terrorist organisations, state sponsors of terrorism, and groups that promote hatred under section 501(6)(baa) – another ground that became law on 22 January 2026 under the same Act, with Direction 123 supplying the decision-making framework around it.
Who does Direction 123 affect, and what should you do before 31 October 2026?
Direction 123 binds every Home Affairs delegate and every ART member deciding a section 501 character case from 31 October 2026, regardless of visa subclass. The people most likely to feel it are visa holders and applicants with any history touching the four primary factors: a criminal record of any length, an allegation or finding of family or domestic violence, or conduct that could be read as inciting hatred or community division. For partner visa sponsors and applicants specifically, this is the moment to have an honest look at your file: a past family violence order, even one that was contested or has since been resolved, now sits inside a wider and more consequential definition than it did a month ago. If a visa has already been refused or cancelled on character grounds and you’re weighing up your options, our guide to responding to a visa refusal and our breakdown of the visa appeal process through the ART (the tribunal that replaced the AAT, and the body named throughout Direction 123) are both worth reading before the new Direction takes effect. For partner and family cases more broadly, Kingsbridge Australia’s family visa service covers the full range of sponsorship and eligibility questions this Direction touches.
This is general information, not a character assessment of your specific circumstances. Direction 123 had not yet been registered in full on legislation.gov.au at the time of writing, since it doesn’t commence until 31 October 2026, so treat the detail above as a reliable summary rather than a substitute for reading the Direction itself once it’s published, or for a personalised assessment from a registered migration agent.
Common mistakes to avoid before Direction 123 commences
- Assuming a resolved or historical family violence matter won’t count. Direction 123’s wider definition and split-limb structure mean older matters can carry more weight than they did under Direction 110, not less.
- Treating ties to Australia as a strong defence. That factor has been demoted to a secondary consideration, so it’s no longer something to lean on as heavily as it was before 31 October 2026.
- Confusing the statutory “would” to “might” change with Direction 123 itself. The threshold change happened by legislation on 22 January 2026; Direction 123 only supplies the decision-making guidance that sits on top of it.
- Waiting until after a decision to get advice. Because Direction 123 applies to decisions made from 31 October 2026 onward, a case still being assessed around that date may be decided under either Direction depending on timing, so it’s worth clarifying with Home Affairs or a registered agent rather than assuming.
Frequently Asked Questions
When does Ministerial Direction 123 take effect?
31 October 2026. From that date, it replaces Ministerial Direction 110 for every character-test decision made under section 501 of the Migration Act 1958.
Is Ministerial Direction 123 a law, or policy guidance?
It’s a Ministerial Direction issued under section 499 of the Migration Act – binding on Home Affairs delegates and the ART, but not an amendment to the Act itself. Some of the thresholds it references, such as the “would” to “might” change, were amended separately by legislation earlier in 2026.
Does Direction 123 apply to all visa types, or just partner visas?
It applies across every visa subclass wherever a character-test decision under section 501 is being made. Its expanded family and domestic violence definition has the most direct, practical impact on partner and family visa cases.
What happened to the “ties to Australia” factor?
It has been moved out of the primary considerations that applied under Direction 110 and into the secondary “other considerations” category under Direction 123, meaning it now carries less weight on its own.
Where can I read the full text of Direction 123?
Home Affairs publishes current Ministerial Directions on its website, with the full text typically registered on legislation.gov.au around commencement. Because Direction 123 doesn’t commence until 31 October 2026, the complete published text wasn’t yet available at the time this article was written. A detailed breakdown of the Direction’s text, drawn from legal commentary rather than the as-yet-unregistered primary document, is available from RACC’s analysis of Direction 123.
Key takeaways
- Ministerial Direction 123 commences 31 October 2026 and replaces Direction 110 for all section 501 character-test decisions.
- Primary considerations drop from five to four: community protection, family and domestic violence, community expectations, and the best interests of minor children.
- Ties to Australia and the impact on Australian business interests are no longer primary considerations: the former is demoted, the latter removed outright.
- The family and domestic violence definition is substantially wider, and now carries close to decisive weight once a decision-maker is satisfied violence occurred.
- The “would” to “might” threshold change is a separate, earlier legislative amendment (22 January 2026). Direction 123 provides the decision-making guidance around it, not the change itself.
Ready to find out where you stand?
Kingsbridge Australia offers a 30-minute consultation with Dexter Lee, our Registered Migration Agent (MARN 2518927), to go through your situation and the pathways open to you. The fee is $100. Pick a time below.
