ARTICLE · 27 OCTOBER 2026
Ministerial Direction 123: A Tougher, Broader Character Test Framework
On 18 September 2026, Minister for Home Affairs Tony Burke signed Ministerial Direction 123 (MD 123), which commences on 31 October 2026 and replaces Ministerial Direction 110 (MD 110), itself only in force since June 2024. Importantly, MD 123 will govern any decision made on or after 31 October 2026, regardless of when the underlying application was lodged. This means non-citizens with pending matters are immediately affected.
Summary
- Ministerial Direction 123 replaces Direction 110 from 31 October 2026 and governs every character decision made on or after that date, regardless of when the applicant lodged.
- It cuts the primary considerations from five to four and moves the strength, nature and duration of ties to Australia down to another consideration, which reduces its relative weight against adverse character findings.
- It broadens the domestic and family violence definition to cover image-based abuse, stalking, breaching court orders and caregiving or cultural family relationships, and it lowers the future conduct threshold from whether a person would offend to whether they might.
- It removes the impact on Australian business interests altogether, so economic contribution can no longer weigh in a non-citizen’s favour.
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