What Is Ministerial Direction 123?

Ministerial Direction 123 (MD123) is a direction issued under section 499 of the Migration Act 1958. It provides binding guidance to decision-makers, including delegates of the Minister and the Administrative Review Tribunal (ART), when making decisions involving the character test under section 501 of the Act.

On 22 September 2026, the Migration Institute of Australia reported through MIA Notice 18 that MD123 had been issued as an updated framework for character-related decisions. The new direction is scheduled to commence on 31 October 2026 and will replace the previous direction applying to section 501 decisions.

What Is the Character Test?

The character test under section 501 of the Migration Act 1958 is a key requirement considered in certain visa applications and visa cancellation matters.

A person may fail the character test in various circumstances, including where they have a substantial criminal record (generally involving a sentence of 12 months or more imprisonment), have committed certain serious offences, or are considered to pose an unacceptable risk to the Australian community.

Failing the character test does not automatically mean a visa will be refused or cancelled. Decision-makers must consider the relevant circumstances and exercise discretion in accordance with the applicable Ministerial Direction.

What Has Changed Under MD123?

MD123 updates the framework decision-makers must follow when assessing character-related matters.

The updated direction provides guidance on how decision-makers should consider and balance relevant factors, including:

• Protection of the Australian community;
• The circumstances of the individual applicant or visa holder;
• Relevant family and personal circumstances;
• Other mandatory considerations required under section 501 decisions.

A key purpose of Ministerial Directions is to promote consistency in decision-making by ensuring that delegates and review decision-makers apply the required considerations when assessing character matters.

Who Is Affected?

MD123 may affect people involved in character-related decisions, including:

• Visa applicants with criminal history or character concerns;
• Visa holders facing possible cancellation under section 501;
• People seeking revocation of a previous visa cancellation under section 501CA;
• Applicants seeking review of character-related decisions before the Administrative Review Tribunal (ART).

Practical Steps for Affected Applicants

1. Obtain legal advice early

If you have a criminal record, pending criminal matter, or concerns that may affect your character assessment, seek professional advice before lodging an application or responding to a Department request.

2. Understand how MD123 applies to your circumstances

Character decisions are highly fact-specific. The impact of MD123 will depend on your personal history, evidence, and the nature of the character concern.

3. Prepare a strong submission

A carefully prepared submission addressing the relevant considerations under MD123, supported by appropriate evidence, can help ensure your circumstances are properly presented to decision-makers.

4. Act within strict time limits

If your visa has been refused or cancelled on character grounds, strict deadlines may apply for seeking review through the Administrative Review Tribunal. Missing a deadline may affect your review rights.

Key Takeaways

• Ministerial Direction 123 (MD123) updates the framework for character-related decisions under section 501 of the Migration Act 1958.
• The new direction was reported by MIA on 22 September 2026 and is scheduled to commence on 31 October 2026.
• MD123 provides guidance on how decision-makers assess and balance relevant factors in character matters.
• Applicants with criminal history, visa holders facing cancellation, and people seeking revocation of cancellation should understand how the updated framework may apply.
• Early legal advice and well-prepared evidence remain important in character-related visa matters.

If you are concerned about how a criminal record or character issue may affect your Australian visa pathway, the Riverwood Migration legal team can assess your circumstances and explain your available options.

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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