From 31 October 2026, a fresh Ministerial Direction 123 (MD 123) will replace the long-standing Direction 110, reshuffling the hierarchy of factors the Department of Home Affairs must weigh when cancelling or refusing visas on character grounds. Migration-law portal Migration Hotline’s analysis, published 17 October, notes that ‘ties to Australia’ fall from a primary to a secondary consideration, while protection of the Australian community and the expectations of the public move to the top. For corporate visa holders – especially long-term 482 and 186 assignees – the change increases the risk that relatively minor offences could trigger mandatory cancellation with less weight given to family or business links in Australia. Employers should review employee-conduct policies and ensure early disclosure of any criminal charges. The Direction does not alter the Migration Act itself, but tribunal and court appeals will now benchmark decisions against the new weighting. Immigration lawyers predict a short-term surge in revocation requests as legacy cases argue for consideration under the ‘old’ framework before 31 October. Mobility teams should brief staff on the heightened importance of maintaining clean police records and disclose any overseas convictions when renewing visas.
Source: Migration Hotline
