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New Australia visa character checks take effect October 31, 2026, under Ministerial Direction 123, which replaces the previous framework used to decide whether someone’s visa gets refused or cancelled over their conduct or criminal history. Home Affairs Minister Tony Burke signed the direction on September 18, and it applies to decisions made on or after October 31 regardless of when the original visa application was lodged or when a cancellation review began.
Australia visa character checks: what Direction 123 changes
The number of primary considerations officials must weigh falls from five to four under the new direction: community protection, domestic and family violence, the expectations of the Australian community, and the best interests of minor children in Australia. Ties to Australia, things like how long someone has lived there, family relationships, employment history and community contributions, move from a primary consideration to a secondary one. That shift matters because secondary considerations carry less weight when a decision-maker is weighing whether to cancel or refuse a visa.
The shift from “would” to “might”
One of the most significant technical changes lowers the threshold for assessing future risk. Under the old Direction 110, officials asked whether a person “would” engage in unacceptable conduct in the future. Under Direction 123, the question becomes whether they “might.” That is a meaningfully lower bar for refusing or cancelling a visa, even though the underlying Section 501 character test in the Migration Act 1958 has not changed. Direction 123 changes how officials balance the considerations within that existing legal test, not the test itself. The new guidance also expands the definition of domestic and family violence and adds specific guidance on hate-related conduct, extremism and associations with prohibited groups.
Who this affects
The changes are relevant to anyone holding an Australian visa with a criminal history or conduct that could raise character concerns, including international students, skilled workers and permanent residents. Indian nationals are among the largest groups of visa holders likely to interact with the new rules, given their numbers across Australia’s skilled and student visa programs, though the direction applies to visa holders of every nationality equally. Importantly, having a criminal record does not mean an automatic refusal or cancellation under the new rules; it means officials now weigh that record against a different, and in some ways broader, set of considerations.
What happens if you’re already under review
Because Direction 123 applies to decisions made on or after October 31, 2026 regardless of when a case started, anyone with a pending visa application or an open cancellation review should expect their case to be assessed under the new framework rather than the old one. Immigration lawyers are likely to see a wave of enquiries in the coming weeks from visa holders wanting to understand how the “might” standard and the demotion of ties-to-Australia factors could change the outcome of cases that were filed, or started review, months or years ago.
How immigration lawyers are reacting
Migration lawyers and advocacy groups have flagged the shift from a ‘would’ to a ‘might’ standard as the most consequential change in Direction 123, since it gives decision-makers considerably more discretion to treat a person as a future risk based on less certain evidence. Some practitioners expect an increase in appeals to the Administrative Review Tribunal as visa holders challenge decisions made under the new framework, particularly in cases where ties to Australia, such as long residence or Australian-born children, would have weighed more heavily under the old Direction 110. Community legal centers that assist visa holders say they are preparing information sessions ahead of the October 31 start date, anticipating a wave of questions from students, workers and permanent residents trying to understand how the reordered considerations might apply to their own circumstances.
Universities and migration agents that work closely with international students say they are watching closely for how Direction 123 interacts with existing visa conditions tied to study progress and course enrollment, since a student already facing scrutiny on one front could now find character considerations weighed more heavily than before. The overlap between academic compliance issues and character assessments is expected to be one of the more closely watched areas as the new direction takes effect.
Common questions about the visa changes
When do the new Australia visa character checks take effect?
Ministerial Direction 123 takes effect October 31, 2026, and applies to relevant visa decisions made on or after that date, regardless of when the application was lodged.
What changed between Direction 110 and Direction 123?
Ties to Australia moved from a primary to a secondary consideration, the future-risk threshold dropped from ‘would’ to ‘might’ engage in unacceptable conduct, and guidance on family violence, hate-related conduct and extremism was expanded.
Does this change the legal character test itself?
No. The Section 501 character test under the Migration Act 1958 is unchanged. Direction 123 changes how officials weigh the considerations within that existing test.
Will every visa holder with a criminal record now be refused?
No. Having a criminal record does not automatically mean a visa will be refused or cancelled. It means the conduct is weighed against the new, reordered set of considerations under Direction 123.
Who signed Ministerial Direction 123?
Australian Home Affairs Minister Tony Burke signed Direction 123 on September 18, 2026, replacing the previous Direction 110 framework.
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Sources
- Business Standard — Australia to tighten visa character checks from October 31: What changes. https://www.business-standard.com/amp/immigration/australia-to-tighten-visa-character-checks-from-october-31-what-changes-126102600487_1.html
- AHC Lawyers — Ministerial Direction 123 vs 110: Key changes to the Australian visa character test. https://www.ahclawyers.com/news-articles/26/09/28/ministerial-direction-123-vs-110-key-changes-to-australian-visa-character-test
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