The Australian Government has released new guidance on how visa refusals and cancellations on character grounds are decided. Ministerial Direction 123 was signed on 18 September 2026 and takes effect on 31 October 2026, replacing the current guidance, Direction 110.
If you hold an Australian visa, are applying for one, or are already dealing with a character concern, these changes could affect you. At Rocket & Ash Immigration Law, we've broken down what's changing.
First, what is the "character test"?
Every non-citizen in Australia must meet the character test under Australian migration law. If someone doesn't meet it — for example, because of a criminal record or certain kinds of conduct — the Department can refuse their visa application or cancel a visa they already hold.
Failing the character test doesn't automatically mean a visa is refused or cancelled. The Department (and the Administrative Review Tribunal, if a decision is reviewed) must weigh up a range of factors before deciding. The same applies when someone asks for an automatic visa cancellation to be reversed.
A Ministerial Direction is the rulebook that tells decision-makers how to weigh those factors. So when the Direction changes, the way cases are decided can change too.
The big picture
Overall, Direction 123 makes the approach tougher in several ways. It adds guidance on a newer ground for failing the character test, lowers the bar for finding that someone poses a risk, reduces the weight given to a person's ties to Australia, and significantly expands how domestic and family violence is treated.
The key changes
1. A new ground: hatred and extremism
Direction 123 includes guidance, for the first time, on a newer ground of the character test relating to hatred and extremism. It covers:
- being a member of, or associated with, a terrorist organisation, a state sponsor of terrorism, or a prohibited hate group
- hate crime conduct
- making, endorsing or encouraging hateful public statements.
Separately, hate speech and inciting violence or discord are now listed as conduct that may support a refusal or cancellation based on the expectations of the Australian community.
2. A lower bar for "future risk"
Previously, decision-makers looked at whether there was a risk that a person would or will engage in certain conduct in the future. Under Direction 123, the question is whether there's a risk they might. That's a meaningfully lower threshold, and it may make it easier for the Department to find that a person fails the character test on these grounds.
3. Your ties to Australia now count for less
Under Direction 110, the strength, nature and length of a person's ties to Australia — family, community, how long they've lived here — was one of the main ("primary") factors in every decision.
Under Direction 123, ties to Australia are moved to a secondary list of "other considerations". They still count, but they now carry less weight compared with the main factors. For long-term residents with strong family and community connections, this is one of the most significant changes.
The main factors are now:
- protecting the Australian community from criminal or other serious conduct
- whether the conduct was domestic or family violence
- the expectations of the Australian community
- the best interests of minor children in Australia, including children who were victims.
4. Domestic and family violence is defined much more broadly
The definition of domestic and family violence has been substantially expanded. It now includes a detailed list of behaviours such as image-based abuse, stalking and breaching court orders, and covers a wider range of relationships, including caregiving relationships and cultural family groups.
Decision-makers must also now consider the effect of the violence on victims and witnesses, particularly where a child was involved. And when looking at the best interests of children, they'll consider current and future risks of abuse, neglect and exposure to family violence — including psychological and economic abuse.
5. Some offences are treated more seriously
Hate crime conduct, and drug or property offences that resulted in a sentence of five years or more, have been added to the list of conduct viewed very seriously. These will weigh more heavily against a person.
In addition, the length of the sentence a person received is now relevant for all types of offences. Previously, some categories were excluded from this.
6. Impact on Australian businesses no longer counts
Under the old guidance, the impact a decision would have on Australian business interests could count in a person's favour — for example, if they were a key employee or ran a business. That factor has been removed, so a business or employment impact can no longer be weighed in the person's favour.
7. Changes for temporary visa holders
For people on, or seeking, temporary visas, the previous guidance about considering the length and purpose of a short stay and compassionate reasons has been removed. Instead, decision-makers will focus on whether the person could be removed from Australia and whether visa conditions could manage any risk.
The expectations of the Australian community also now apply regardless of whether the person would stay in Australia on a temporary visa.
8. Other changes worth knowing
- Following migration rules: a new principle says the community expects non-citizens to follow migration rules and to leave when their right to stay ends — while recognising that most people do comply.
- People who can't return home: where a person can't be removed to their home country, decision-makers will now consider the difficulties they'd face in a third country they have permission to enter.
- People who have already left: if someone has already returned home, decision-makers will consider the difficulties they face there, but will give them less weight if the person left voluntarily.
What does this mean for you?
These changes don't mean every person with a character concern will lose their visa. Each case still turns on its own facts. But the balance has shifted, and arguments that may have carried real weight under the old guidance — such as long-standing ties to Australia or the impact on a business — may carry less weight from 31 October 2026.
You may want to seek advice now if you:
- have received a notice from the Department about a possible visa refusal or cancellation on character grounds
- have had your visa cancelled and are asking for that decision to be reversed
- have a matter before the Administrative Review Tribunal
- have a criminal record, or any past or current domestic or family violence allegations or court orders, and are planning to apply for a visa.
Deadlines in character matters can be very short, so it's important not to wait.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping families, couples, and businesses navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
Please book a free 15-minute discussion with our team if you have further questions.
Written for and approved by Ivy Khine Su San, Solicitor LPN: 5514120
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.
