You have a character matter on foot. A refusal under section 501, a mandatory cancellation, or a revocation request sitting with the Department or the Tribunal. The first question is no longer what to argue. It is when the decision will land. On 31 October 2026, Ministerial Direction 123 replaces Direction 110, and the weighting changes.
Short answer: Decided before 31 October, your ties to Australia and your employer’s evidence carry full weight. Decided after, ties drop to a lower tier, employer evidence carries none, and the risk test asks whether you might reoffend rather than whether you would.
Why one date changes the outcome
A direction under section 499 of the Migration Act binds delegates and the Administrative Review Tribunal. It tells them which considerations are primary, which are secondary, and how to weigh each. Change the direction and the same facts produce a different balance.
The Minister signed Direction 123 on 18 September 2026. It commences on 31 October 2026 and revokes Direction 110 from that day. The Department has not yet published the text. This article works from the Migration Institute of Australia’s summary of 22 September 2026, and we will revise it once the Direction is public.
Two columns, one case
Five primary considerations. Protection of the community. Whether the conduct was family violence. The strength, nature and duration of your ties to Australia. The best interests of children in Australia. Community expectations. Below those, the other considerations include the legal consequences of the decision, impediments if you are removed, and the impact on Australian business interests.
Four primary considerations. Protection of the community. Whether the conduct was domestic or family violence. Community expectations. The best interests of children, including child victims. Ties to Australia move down to the other considerations. Business interests disappear from the list entirely.
The five changes that move outcomes
| Factor | Direction 110 | Direction 123 |
|---|---|---|
| Ties to Australia | Primary consideration | Other consideration, weighs less |
| Employer or business impact | Other consideration | Removed |
| Risk of reoffending | Risk you would or will reoffend | Risk you might reoffend |
| Very serious conduct | Violent, sexual and similar offending | Adds hate crime, and drug or property offences with five years or more |
| Sentence as a measure of seriousness | Some offence types excluded | Applies to every offence type |
Three more changes sit behind those. The definition of domestic and family violence expands to image based abuse, stalking, breaching court orders and a wider set of relationships. Children’s interests split into four risk factors instead of one. And where you cannot be removed to your home country, impediments are assessed in a third country you have permission to enter.
Worked example: same man, two dates
He arrived at nine. He is now 41. He has a partner, two children born here, and a job his employer says nobody else can do. His visa was mandatorily cancelled after a sentence of eighteen months.
- Decided 20 OctoberHis 32 years here are a primary consideration, level with community protection. His employer’s statement is an other consideration in his favour. The question on risk is whether he would reoffend. Three factors pull toward revocation.
- Decided 10 NovemberHis 32 years are an other consideration. The employer’s statement carries nothing. The question on risk is whether he might reoffend. Now the case rests on the children and on evidence that reoffending is remote, not merely unlikely.
Nothing about him changed. The direction did.
What to do this month
Our refusals and review page explains the stages and the time limits. If your file was referred to the character unit, our article on what to send after a VACCU referral covers the front end of the process.
What the Direction does not do
It does not change the character test in section 501(6), apart from adding guidance on the new ground for terrorist or hate group association and hateful public statements. Whether you fail the test is still decided under the Act. The Direction governs how the discretion is exercised afterwards.
My decision was made under Direction 110. Does Direction 123 reopen it?
No. A direction guides decisions made while it is in force. A decision already made stands, and any review of it runs on its own timetable. The Tribunal, however, must apply the direction in force when it decides, so a matter that reaches hearing after 31 October will be decided under Direction 123.
Is there a transitional rule for matters lodged before 31 October?
The MIA summary does not describe one. Until the text is published, assume the Direction in force on the decision date applies. We will update this article when that is confirmed.
Frequently asked questions
When does Direction 123 start?
It commences on 31 October 2026 and revokes Direction 110 from that date. It was signed on 18 September 2026.
Do my years in Australia stop counting?
No. They move from a primary consideration to an other consideration, so they weigh less against community protection, community expectations, family violence and children’s interests.
Can my employer’s evidence still help after 31 October?
Not as a listed consideration. Direction 110 counted the impact on Australian business interests. Direction 123 removes it.
What does the change from would to might mean?
The risk test becomes easier to satisfy against you. Evidence that reoffending is unlikely may no longer be enough. It needs to show the possibility is remote.
Does Direction 123 bind the Tribunal?
Yes. It guides delegates of the Minister and the Administrative Review Tribunal.
General information as at 22 September 2026, based on the Migration Institute of Australia’s summary of Ministerial Direction 123. Not legal advice. Outcomes in character matters depend on the facts of each case.