Direction 123: What Changes for Character Decisions
Direction 123: What Changes for Character Decisions
Australia’s character-decision framework is being replaced on 31 October 2026. What decision-makers must weigh, and what a pending matter should do now.
The direction in force at the time of the decision is the one that applies, so matters decided on or after 31 October 2026 sit under Direction 123.
On 18 September 2026 the Minister for Home Affairs signed Ministerial Direction 123 (Direction 123) — snapshot fact sheet. It commences on 31 October 2026 and replaces Direction 110, which has guided character decisions since June 2024. If a character issue sits on your record — a criminal history, a cancelled visa, or a notice you are currently responding to — this is the change to understand before it starts, because it rewrites what decision-makers must weigh.
What a direction actually does
Refusing or cancelling a visa under section 501 of the Migration Act 1958, and decisions on whether to revoke a mandatory cancellation under section 501CA, are made under the law — but guided by a direction from the Minister. The direction tells decision-makers which factors are ‘primary’, which are ‘other’, and how much weight each carries. It does not create cancellation powers by itself, and receiving a notice is not the same as a decision. The direction in force at the time of the decision is the one that applies — matters decided on or after 31 October 2026 sit under Direction 123.
The direction in force at the time of the decision is the one that applies.
What changes, in summary
- The primary considerations become four: protection of the Australian community; domestic or family violence; the expectations of the Australian community; and the interests of children under 18 in Australia.
- Ties to Australia move from primary to ‘other considerations’. They remain relevant — but they are no longer in the top tier decision-makers must weigh first.
- The definition of domestic or family violence is broader — it expressly includes coercive control and technology-facilitated abuse.
- The future-risk wording moves from a risk the person ‘would’ engage in unacceptable conduct to a risk they ‘might’ — a lower threshold.
- The impact on Australian business interests is removed as a consideration.
- Annex A adds guidance on hatred and extremism, alongside the character ground that targets hateful conduct and associations.
| Element | Direction 110 (before) | Direction 123 (from 31 October) |
|---|---|---|
| Ties to Australia | A primary consideration | An 'other' consideration — still relevant, lower tier |
| Future-risk wording | Risk the person 'would' engage in unacceptable conduct | Risk the person 'might' — a lower threshold |
| Domestic & family violence | Defined in the direction | Broader — includes coercive control and technology-facilitated abuse |
| Australian business interests | Weighed as a consideration | Removed |
Why the timing matters
For a matter decided after 31 October, the framework being applied is the new one. Whether you are preparing a submission, gathering evidence, or answering a notice, the practical question is what the decision-maker must weigh when they decide. Submissions and evidence prepared months ago may deserve a fresh look before the case is decided.
If you have received a character notice
If you have received a character notice, identify your response deadline now — do not wait for the new direction to commence before deciding how to respond.
Facing a character matter?
If a character issue is on your file, a discovery call can help map the process, the framework in force, and the deadlines that matter.
