Direction 123 and the character test.

A direction given by the Minister under section 499 of the Migration Act. Its full name is Direction no. 123 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA.

It tells decision-makers what they must take into account when deciding whether to refuse or cancel a visa on character grounds, or whether to revoke a mandatory cancellation.

Direction 123 para 1, 5.1(4) · s.499

It commences on 31 October 2026. Direction 110, which commenced on 21 June 2024, is revoked from that date.

A decision made before 31 October 2026 is made while Direction 110 is in force. A decision made on or after that date, including a Tribunal decision on review, is made while Direction 123 is in force.

Direction 123 para 2, 3

Every decision-maker exercising the powers in section 501 or 501CA. The Direction defines a decision-maker as a delegate of the Minister, or a body (such as the Administrative Review Tribunal), and the Act requires them to comply with it.

Direction 123 para 4(1), 5.1(4) · s.499(2A)

Refusing a visa under section 501(1), cancelling a visa under section 501(2), and deciding a request to revoke a mandatory cancellation under section 501CA(4). A mandatory cancellation is one made under section 501(3A) while the person is serving a full-time sentence of imprisonment.

Direction 123 para 5.1(2), 5.1(3), 8

Four, down from five:

1. protection of the Australian community from criminal or other serious conduct;
2. whether the conduct constituted domestic or family violence;
3. expectations of the Australian community;
4. the best interests of minor children in Australia, including the interests of child victims.

The weighting rule is unchanged. Protection of the Australian community is generally given greater weight than the other primary considerations, and primary considerations are generally given greater weight than the other considerations.

Direction 123 para 7(2), 8 · Direction 110 para 7(2), 8

Under Direction 110, the strength, nature and duration of ties to Australia was a primary consideration. Under Direction 123 it is an other consideration, listed first.

What it covers is set out in the Direction: the impact on immediate family members who are citizens, permanent residents or have a right to remain indefinitely, and, for a cancellation or a revocation request, how long the person has lived here, whether they arrived as a young child, their positive contribution and their family and social links.

Direction 123 para 8, 9, 9.1 · Direction 110 para 8(3)

Direction 123 renames the consideration from family violence to domestic or family violence and defines it. The definition covers conduct towards a person in a family or domestic relationship that is threatening, coercive, controlling or dominating, or physically, sexually, emotionally, psychologically or economically abusive, and it includes exposing a child or relative to that conduct.

Its listed examples include coercive control, stalking and tracking through digital devices, image-based abuse and breaching court orders relating to domestic or family violence. A family or domestic relationship includes an intimate relationship of any duration, relatives including in-laws, and a caregiving relationship.

Direction 123 para 4(1), 8(2), 8.2

Direction 123 no longer lists it. Direction 110 listed it as an other consideration. Direction 123 lists three: ties to Australia, the legal consequences of the decision, and the extent of impediments if removed. The Direction says the other considerations include, but are not limited to, those three.

Direction 123 para 9(1) · Direction 110 para 9(1), 9.3

Not for every consideration. The Direction says the community’s expectation that visas be refused or cancelled for serious character concerns applies regardless of whether the non-citizen poses a measurable risk of causing physical harm to the Australian community.

It also says that domestic or family violence, or conduct affecting minor children, may be so serious that even strong countervailing considerations are insufficient. Neither statement appears in Direction 110.

Direction 123 para 5.2(4), 5.2(8)

A person does not pass the character test if section 501(6A) applies to them, which the Act describes as spreading hatred and extremism. Annex A of Direction 123 explains each limb: membership of, or association with, a terrorist organisation, a state sponsor of terrorism or a prohibited hate group; involvement in a hate crime, whether or not anyone was convicted; and making, endorsing or encouraging public statements, including online, that spread ideas of racial or ethnic superiority or hatred where there is a risk of harm to the community.

An association can consist of a single meeting or communication.

s.501(6)(baa), s.501(6A) · Direction 123 para Annex A, 5–5.5

Read the notice for the date by which you must respond, and keep the email or letter that delivered it. The time limit is set by the notice or by law.

If the decision will be made on or after 31 October 2026, your response should address the considerations in Direction 123, not Direction 110.

Direction 123 para 2, 3, 8, 9