No Worries Migration

Partner and family

Direction 117 sets the order family visa applications are considered in, and it covers matters sent back by the Tribunal

Direction 117 commenced on 25 July 2026 and revoked Direction 102. Unlike the skilled directions made two months later, it reaches applications remitted from the Tribunal.

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117. Order for considering and disposing of Family visa applications

Direction 117 is titled Order for considering and disposing of Family visa applications under sections 47 and 51 of the Migration Act 1958. It was signed by the Minister for Home Affairs on 24 July 2026, commences on the day after it is signed, and revokes Direction 102 of 9 February 2023.

It reaches matters the Tribunal has sent back

Clause 4(1) applies the direction to delegates who consider family visa applications under section 47 and dispose of them under subsection 51(1), including applications in respect of matters remitted from the ART (or a predecessor of the ART). Clause 4(3) then provides that the direction does not apply to the ART.

Those two sit together. The direction binds the delegate who picks the file back up after a remittal; it does not bind the Tribunal itself.

This is where the family direction parts company with the skilled ones. Directions 121 and 122, made on 18 September 2026, expressly do not apply to visa applications remitted by the ART for reconsideration, nor to applications where the Tribunal set a decision aside and substituted its own. A remitted family application sits inside its direction; a remitted skilled application sits outside.

It applies to applications already lodged

Clause 4(4) uses the same formula as the skilled directions: to avoid doubt, this Direction applies to Family visa applications made, but not finally determined, before the commencement of this Direction, and to Family visa applications made on or after commencement. Clause 4(2) carves out applications where it is readily apparent the criteria for grant would not be satisfied.

The preamble gives the reason in one line: High levels of demand for Family visas have created a need to manage the consideration and disposal of applications for these visas in an orderly fashion.

Sources

Links go to the instrument or the official page. Where a page states a figure, the figure above is that page’s figure on the date shown.

Full guide: Partner and family

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