Character Test Guidance Updated Under Ministerial Direction 123

From 31 October 2026, Ministerial Direction 123 (MD123) will replace Ministerial Direction 110, introducing significant changes to how character-based visa decisions are assessed.

Although the character test itself has not changed, the new Direction reshapes the factors decision-makers must consider when assessing visa refusals, cancellations and revocations under the character provisions of the Migration Act. In particular, it strengthens the focus on community protection, domestic and family violence, serious offending and future risk.

Domestic and Family Violence Given Greater Weight

MD123 significantly expands the definition of domestic and family violence, capturing a broader range of conduct including:

• Coercive and controlling behaviour
• Image-based abuse
• Stalking
• Breaches of family violence orders

The Direction also broadens the range of relationships covered by these provisions.

Ties to Australia Downgraded

One of the most significant changes is that a person’s strength, nature and duration of ties to Australia is no longer a primary consideration.

Instead, it has been moved to the category of “other considerations”, reducing the weight it may carry in decision-making.

Increased Focus on Serious Conduct

MD123 expands the types of conduct considered particularly serious, including:

• Hate crime conduct
• Certain serious drug offences
• Serious property offences
• Associations with terrorist organisations, state sponsors of terrorism and prohibited hate groups

For most visa applicants and visa holders, MD123 will have no direct impact.

However, individuals facing character concerns, visa cancellation, or visa refusal under section 501 may face a more stringent assessment framework, particularly where domestic and family violence, serious criminal conduct or community safety concerns are involved.

✅ MD123 replaces Ministerial Direction 110 from 31 October 2026.

✅ Domestic and family violence considerations have been significantly expanded.

✅ Ties to Australia have been downgraded from a primary to a secondary consideration.

✅ Community protection remains the dominant factor in character decisions.

✅ New guidance increases the focus on serious criminal conduct, migration compliance and future risk.

If you have concerns about character-related issues, visa cancellation risks or the impact of section 501 on your visa status, the Mapien Migration team can assist in assessing risks and advising on available options.