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Overview: A Quiet but Significant Rule Change
Australia has tightened its visa cancellation rules, with Ministerial Direction No. 123 (MD123) taking effect on 31 October 2026, replacing Direction No. 110.
Under the new direction, family ties in Australia and length of residence now carry less weight when decision-makers assess certain visa refusals, cancellations and requests to revoke mandatory cancellations on character grounds.
For non-citizens with criminal convictions or other character concerns, including long-term permanent residents, the changes could significantly affect their ability to remain in Australia.
What the Rule Change Involves
Under section 501 of the Migration Act 1958, a visa may be refused or cancelled if a non-citizen fails the character test.
Ministerial Direction 123 changes how relevant factors are weighed in these decisions.
Previously, the strength, nature and duration of a person's ties to Australia were treated as a primary consideration. Under MD123, they have been moved to an other consideration, which generally carries less weight.
The four primary considerations are now:
- Protection of the Australian community from criminal or other serious conduct
- Domestic or family violence
- Expectations of the Australian community
- Best interests of minor children in Australia, including child victims
Importantly, the best interests of minor children in Australia remain a primary consideration. Family relationships and long-term residence also remain relevant, but generally receive less weight than primary considerations.
Who Is Affected?
The changes may affect non-citizens facing character-related visa decisions, including:
- Permanent residents who have lived in Australia for many years but face visa cancellation
- Temporary visa holders with criminal convictions or other serious character concerns
- Individuals with Australian partners or children who are seeking to retain their visas
- People seeking revocation or review of a character-related visa cancellation
Holding permanent residency or having close family in Australia does not automatically protect someone from visa cancellation.
However, a criminal charge or conviction does not automatically mean a visa will be cancelled in every case. The applicable legal provisions and individual circumstances remain important.
The Policy Intent
The changes reflect the Australian Government's stronger emphasis on community protection and serious criminal conduct when assessing whether a non-citizen should be permitted to remain in Australia.
By moving ties to Australia into the category of other considerations, MD123 makes it more difficult for family connections or lengthy residence alone to outweigh serious character concerns.
The direction also strengthens the treatment of domestic and family violence, including coercive control and other forms of abuse.
Practical Implications for Visa Holders
If you or a family member is facing visa cancellation on character grounds, early legal advice is particularly important.
- Act immediately if you receive a notice. Some character-related decisions have an Administrative Review Tribunal (ART) deadline of just nine days, with no extension available. Other response and review deadlines vary depending on the decision.
- Do not rely solely on family ties. Evidence of rehabilitation, personal circumstances, community connections and the best interests of affected children may all be relevant. The appropriate evidence depends on the case.
- Understand your review rights. Visa cancellation under section 501 and requests to revoke mandatory cancellation under section 501CA involve different legal procedures. Not every decision is eligible for ART merits review, particularly where the Minister has exercised a personal power.
- Prepare supporting evidence early. Relevant documents may include court records, character references, rehabilitation evidence, professional reports and evidence concerning dependent family members.
Key Takeaways
- Ministerial Direction 123 took effect on 31 October 2026, replacing Direction 110.
- Family ties and length of residence have moved from primary to other considerations in relevant character decisions.
- The best interests of minor children in Australia remain a primary consideration.
- Permanent residents and temporary visa holders can both face cancellation on character grounds.
- Some ART review applications must be lodged within nine days, making prompt legal advice essential.
Facing Visa Cancellation? Understand Your Options Before It's Too Late
If you have received a Notice of Intention to Consider Cancellation (NOICC), a visa cancellation decision, or a notice concerning your character assessment, the consequences could be serious.
At Riverwood Migration, our migration lawyers can assess your circumstances, explain the applicable legal requirements and help you understand your available response or review options.
Don't risk missing a critical deadline. Book a consultation with Riverwood Migration to review your case.
The content of this article is intended for general informational purposes only and does not constitute legal advice. Immigration law is complex and subject to change. The information provided may not reflect the most current legal developments. For advice specific to your circumstances, please consult a registered Australian migration lawyer. For full terms governing use of this website and its content, please refer to our Website Terms and Conditions.
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As a regulated Australian migration law practice, Riverwood Migration provides precise, personalised advice on visa strategy, compliance, and application preparation. Speak with our expert legal team. Book a consultation to discuss your circumstances.
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