Ministerial Direction 123 vs 110: Key Changes to the Australian Visa Character Test
For non-citizens in Australia, maintaining a valid visa requires passing the character test under Section 501 of the Migration Act 1958. When a case officer or the Administrative Review Tribunal (ART) considers cancelling or refusing a visa on character grounds, they must follow a guide issued by the Minister for Immigration.
Effective 31 October 2026, Ministerial Direction 123 (MD 123) comes into force, replacing the current framework established under Ministerial Direction 110 (MD 110). This new direction significantly tightens the rules, making it easier for the government to cancel visas and harder for individuals to defend against deportation.
Related: New Migration Rules Announced 2026: How Australia is Targeting Visa Hopping and Overstayers
Key Differences of Ministerial Direction 123 vs 110
| Feature | Ministerial Direction 110 Framework | Ministerial Direction 123 (From 31 Oct 2026) |
|---|---|---|
| Ties to Australia | A primary consideration during assessment. | Demoted to "other" consideration. |
| Future Risk Threshold | Risk assessed on whether the person "would" engage in unacceptable conduct. | Lowered threshold: assessed on whether the person "might" engage in such conduct. |
| Family Violence | Considered a serious factor for cancellation. | Expanded definition and weighting against the visa holder. |
| Community Protection | Focused on traditional criminal offences. | Explicitly expanded to cover hate speech, hate crimes, and terrorism associations. |
The Demotion of "Ties to Australia"
Historically, under previous directions like MD 110, an applicant's "ties to Australia" were a primary consideration. This meant that if a visa holder had lived in Australia for decades, had Australian children, or had deep community roots, decision-makers had to give these factors significant weight when deciding whether to cancel a visa.
Under Ministerial Direction 123, "ties to Australia" will have less weight and will be demoted to "other" consideration. This signals a clear policy shift, where long-term residency and family connections will no longer provide the same level of protection against visa cancellation if the applicant has committed a serious offence.
Lowered Threshold for Future Risk ("Would" vs. "Might")
When assessing whether an individual poses a future risk to the Australian community, decision-makers consider the likelihood of reoffending.
Previously, the legal threshold required assessing whether the individual "would" engage in unacceptable conduct. Ministerial Direction 123 lowers this threshold significantly to whether the individual "might" engage in unacceptable conduct. This subtle wording change drastically lowers the burden of proof for the Department of Home Affairs (DoHA), making it much easier to refuse or cancel a visa based on potential future risks.
Expanded Scope of Character Failures
Ministerial Direction 123 places greater emphasis on specific conduct the government considers entirely unacceptable, broadening the grounds for character failure.
The new direction expands the definition and strictly limits any tolerance for family violence, making visa cancellation almost inevitable for perpetrators. Read: Can a Domestic Violence Charge Affect My Visa?
MD 123 explicitly introduces new grounds for refusal or cancellation based on hate speech, hate crimes, and inciting division within the community.
Associations with terrorist organisations or extremist ideologies are heavily targeted, providing decision-makers with clear mandates to remove individuals linked to such activities.
Related: Can Your Online Presence Affect Your Character Requirement for an Australian Visa?
What This Means for Visa Holders
The transition to Ministerial Direction 123 means that DoHA is taking a harsher stance on character test failures. Individuals with criminal records, even minor or historical offences, face a substantially higher risk of visa cancellation than under MD 110. Because primary considerations like "ties to Australia" have been weakened, relying on family hardship as a defence will be much harder. Speak with an Accredited Specialist in Immigration Law, such as our principal, Jason Ling, for professional assistance in addressing these character concerns, including building evidence and preparing a legal submission to the Department. Read: Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence
Read: Can an Immigration Lawyer Stop My Visa Being Cancelled?
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Last Chance to Act: How to Protect Your Visa Before Refusal or Cancellation
Save the Stress: Why You Need a Professional for Your Australian Visa
How Can Agape Henry Crux Help
Our principal, Jason Ling (Accredited Specialist in Immigration Law), specialises in complex visa cases, especially for visa refusal or visa cancellation under Section 501. Speak with Jason for a tailored visa strategy session 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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