New Ministerial Direction 123 And Character Related Visa Changes in 2026

Ministerial Direction 123 replaces MD110 and commences on 31 October 2026.

This directive focuses specifically on character-related visa decisions and replaces the existing Ministerial Direction 110.

For visa applicants, sponsors, and employers, this update indicates a shift in how the Department of Home Affairs handles cases involving serious misconduct. The framework guides decision-makers in complex cases where a non-citizen’s conduct is under review.

Addressing serious misconduct

Ministerial Direction 123 reinforces the principle that non-citizens who engage in serious criminal activity should face serious consequences under Australian migration laws. The directive improves the system’s ability to respond to several specific types of behaviour.

Priority areas for character assessment include family violence and the exploitation of others. It also addresses general criminal offending and hate-motivated behaviour. By providing a more structured approach to these issues, the government intends to ensure that decision-making remains consistent and well-informed.

Focusing on victims and children

The directive places an increased emphasis on the interests of children and the protection of victims. While these factors have been considered in the past, the updated instructions prioritise them more clearly within the decision-making process.

When the Department reviews a case where a non-citizen may have their visa refused or cancelled on character grounds, the impact on victims and the well-being of any involved children will carry substantial weight. This change aims to ensure that the system remains fair while upholding the safety of the Australian community.

Broader integrity measures in the migration system

The introduction of MD123 is part of a larger effort to refine the Australian migration system. It follows the recent implementation of Ministerial Directions 121 and 122, which adjusted the skilled migration programme to prioritise sectors such as healthcare, teaching, and construction.

While those initiatives deal with economic needs and skill shortages, MD123 is focused on integrity and community standards. For those involved in complex migration matters, understanding how these character assessments are weighted is essential for managing visa risks.

Considerations for visa holders and sponsors

Decisions made from late October 2026 will be subject to these updated criteria. One practical insight for applicants is that hate-motivated behaviour is now explicitly highlighted alongside criminal offending. This suggests the Department may take a broader view of what constitutes a character risk, even if the behaviour has not resulted in a traditional criminal conviction.

Because these directions provide the instructions that departmental officers must follow, any application with a history of legal issues or domestic disputes will require a careful review under the new standards. Seeking professional guidance from our migration agents can help applicants understand how these specific changes might apply to their circumstances. These updates are part of the standard migration services provided to ensure compliance with current Australian law. (Source: Ministers’ Media Centre)