How Does Ministerial Direction 122 Differ from Ministerial Direction 119?
The Australian Department of Home Affairs (DoHA) has introduced Ministerial Direction 122 (MD 122), which overhauls the processing priorities for most skilled visa subclasses. Replacing Ministerial Direction 119 (MD 119), this new directive significantly changes how applications are queued and assessed.
Understanding the differences between MD 122 and MD 119 is crucial for applicants and employers looking to navigate the updated skilled migration landscape effectively.
Changes to Scope: Visas vs. Nominations
The scope of MD 122 is much more specific than MD119.
MD 122 covers visa applications across the remaining 10 skilled visa subclasses, except that the Skills in Demand (SID)/Temporary Skill Shortage (TSS) (Subclass 482) visa was carved out and placed under its own directive (Ministerial Direction 121 (MD121)).
Unlike MD 119, which governed the processing priority for both visa applications and employer nominations, MD 122 applies exclusively to visa applications.
A Unified Top Priority Tier
MD 122 significantly reorganises the highest priority tier to streamline the intake of essential workers.
Under the old MD 119, healthcare, teaching, and construction were categorised in a lower-priority tier than law enforcement and defence. MD 122 placed all of these occupations in the top-priority tier.
MD 119 often prioritised onshore applications over offshore ones. MD 122 removes this geographic distinction within the top tier, meaning critical workers are prioritised regardless of whether they are applying from within Australia or overseas.
Expansion of Priority Sectors
To address critical labour shortages across the broader Australian economy, MD 122 expands the list of industries that qualify for top-tier processing. In addition to healthcare, teaching, construction, law enforcement, and defence, the new direction adds the following sectors to the absolute top priority:
Agriculture
Aquaculture
Fishing
Resources sector occupations
New Compelling Circumstances Exceptions
One of the most notable additions in MD 122 is the introduction of a compelling circumstances exception provision, which was entirely absent from MD 119. This new clause allows Department delegates to depart from the standard processing order in specific exceptional cases. Notably, this includes circumstances relating to community safety or situations where expediting a visa is necessary to ensure the continuity of essential religious, cultural, or community services.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
What are the Consequences of Breaching Visa Conditions on Future Applications?
‘Risk to the Australian Community’ Under s501 and s116 Explained
Save the Stress: Why You Need a Professional for Your Australian Visa
How Can Agape Henry Crux Help
If you need assistance identifying the visa that best suits your situation, contact one of our immigration lawyers for professional advice and guidance. At Agape Henry Crux, our team of immigration lawyers work together with our Accredited Specialists in Immigration Law, who specialise in handling highly complex matters. You can book a consultation with one of our lawyers for professional advice by calling 02-8310 5230 or emailing info@ahclawyers.com.
We speak fluent English and Mandarin. If this isn’t your language, we can also help you arrange an interpreter.
Our founder and principal lawyer, Jason Ling, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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