Australia is set to introduce stricter rules governing visa refusals and cancellations from October 31, 2026, with immigration authorities directed to place greater emphasis on community safety, hate-related conduct, domestic violence and compliance with migration laws. The revised framework will give less weight to an individual’s connections to Australia when deciding whether a visa should be refused or cancelled on character grounds.
The changes are expected to affect how authorities assess non-citizens seeking to enter or remain in Australia, particularly in cases involving serious criminal conduct, extremism, violence and behaviour that could threaten public safety. The new guidelines are intended to provide a stricter framework for decision-making under Australia’s immigration laws.
The revised policy, known as Direction 123, will replace the existing Direction 110 from October 31. It will guide officials handling visa refusals and cancellations on character grounds, as well as decisions on whether certain mandatory visa cancellations should be revoked.
Under the new framework, protecting the Australian community will receive greater priority. Authorities will be instructed to assess the seriousness of a person’s conduct and the potential consequences for public safety while considering whether the individual meets the country’s character requirements.
The revised rules specifically identify hate crimes, hate speech, incitement to violence, racial hostility and certain serious drug-related and property offences as factors that could weigh heavily in character assessments. Authorities will also pay closer attention to extremist activities and conduct that promotes hatred or threatens social harmony.
Domestic and family violence will be another major consideration under the updated policy. The scope of behaviour covered has been broadened to include coercive and controlling conduct, stalking, digital tracking, image-based abuse and violations of court orders related to domestic or family violence. Officials will be expected to assess the nature of the behaviour and its effects on victims, including children exposed to such conduct.
The interests of children will also receive particular attention when immigration decisions are made. The framework identifies the protection of the community, domestic or family violence, community expectations and the best interests of minor children in Australia as its four primary considerations.
Another significant change concerns the weight given to an individual’s personal and family connections in Australia. Under the earlier guidelines, a person’s ties to the country were a primary consideration. Under the new framework, these connections will be considered among other factors, rather than being given the same priority. The impact of a visa decision on Australian businesses will also no longer be a specifically listed consideration.
However, the introduction of stricter guidelines does not mean that every person with a criminal record or a history of misconduct will automatically have their visa refused or cancelled. Decisions will continue to be made under the applicable immigration laws, taking into account the circumstances of each case and the relevant character requirements.
