Migration practitioners are on alert after industry sources and legal briefings confirmed that Ministerial Direction 123, signed by Home Affairs Minister Tony Burke on 18 September 2026, will come into force on 31 October. A World Visa Academy update published 22 October reminds employers that the new Direction replaces Direction 110 as the template case officers must follow when refusing, cancelling or reinstating visas on character grounds under section 501 of the Migration Act. Direction 123 does not alter the statutory character test itself; instead, it reshapes the weight given to competing considerations. Protection of the Australian community is elevated, while factors such as an individual’s business ties or length of residence receive less emphasis. The Direction also widens the definition of unacceptable conduct to include hate speech, public incitement of violence and association with designated extremist or hate organisations—in line with January’s Combatting Antisemitism, Hate and Extremism Act. For corporate mobility teams the change increases the risk profile of employees with historical criminal convictions, even if sentences were minor or served overseas. Any ongoing visa applications or pending cancellation reviews that hinge on character will be assessed against the tougher guidance if decided on or after 31 October. Practical steps recommended by migration lawyers include obtaining updated police clearances, gathering evidence of rehabilitation, and preparing detailed submissions addressing community-expectation factors. Companies should audit existing workforces—particularly Temporary Skill Shortage (subclass 482) and Student visa holders—to identify anyone who may be exposed, and ensure they have access to specialist legal counsel well before the new Direction takes effect. While the government frames the shift as a community-safety measure, industry groups warn it could create uncertainty for sectors already grappling with skilled-labour shortages, as borderline cases may see visas cancelled with little notice. Employers are urged to monitor Home Affairs announcements and factor the potential for workforce disruption into contingency planning.
