Australia to tighten visa character checks from October 31: What changes

The revised rules will give greater weight to community safety and domestic violence concerns, while reducing the importance of family, employment and community ties in Australia

Australia will introduce stricter guidelines for refusing or cancelling visas on character grounds from October 31, 2026.

 

It will make it harder for some visa holders to rely on their family, employment and community ties to argue against losing their right to stay in the country.

 

Ministerial Direction 123, signed by Australian Home Affairs Minister Tony Burke on September 18, will replace the existing Direction 110. The revised framework changes how immigration officials assess character-related concerns, placing greater emphasis on protecting the Australian community from criminal activity, domestic and family violence, and other serious conduct.

 

The changes will be relevant to Indian students, skilled workers, permanent residents and other visa holders who have a criminal history or whose conduct raises character concerns.

  

What changes from October 31?

 

The new direction reduces the number of primary considerations used in character-related visa decisions from five to four. These are community protection, domestic and family violence, the expectations of the Australian community, and the best interests of minor children in Australia.

 

The most significant change concerns a person's ties to Australia. Previously treated as a primary consideration, factors such as length of residence, family relationships, employment and community contributions will move into the category of secondary considerations.

 

This means that having lived in Australia for many years or having family members in the country may carry less weight when officials assess concerns about a person's character.

 

The revised guidance also lowers the threshold for assessing certain future risks, using the possibility that a person might engage in particular conduct rather than requiring the decision-maker to conclude that the person would do so.

 

Greater scrutiny of violence and other conduct

 

The new framework expands the guidance on domestic and family violence, including how officials consider the conduct involved and its impact on victims and children.

 

It also provides additional guidance on hate-related conduct, extremism, associations with prohibited groups and other behaviour that could raise concerns about a person's character.

 

These changes are intended to influence how immigration officials weigh potential risks when deciding whether a person should be allowed to enter or remain in Australia.

 

However, the underlying character test under Section 501 of Australia's Migration Act 1958 is not changing. Instead, Direction 123 changes how officials balance the relevant considerations after a person's circumstances raise a character-related issue.

 

Who could be affected?

 

The changes are particularly relevant to visa applicants and existing visa holders with criminal convictions, family violence matters or other adverse information that could affect their character assessment.

 

Indian nationals with such histories should understand that strong family or professional connections in Australia may not carry the same weight as before.

 

For example, a long-term resident with employment and family responsibilities in Australia could find it harder to rely on those circumstances if officials consider the person's conduct to pose a risk to the community.

 

However, the revised direction does not mean that every person with a criminal record or an adverse history will automatically have their visa refused or cancelled. Decisions will depend on the circumstances of each case and the applicable legal requirements.

 

Will pending applications also be affected?

 

Direction 123 will apply to relevant decisions made on or after October 31, 2026, irrespective of when the visa application was lodged or when a cancellation review began.

 

Consequently, people with pending character-related cases should not assume that the earlier guidance will apply simply because their applications or reviews started before the new rules take effect.

 

What should Indian visa holders do?

 

People concerned about their immigration status should review their circumstances before the new direction takes effect. Those facing character-related questions, including people with criminal convictions or family violence matters, should seek advice from a qualified Australian immigration professional.

 

They should also ensure that information provided to immigration authorities is accurate and that relevant legal documents are available.

 

The practical implication is that, from October 31, community protection will carry greater weight in character-related visa decisions.

 

And, family, employment and other personal connections will generally be treated as secondary factors.