The Albanese government has introduced tougher visa character rules that make it easier to cancel visas and deport non-citizens considered a potential risk to community safety, even where they have not been convicted of a criminal offence.
The changes, which took effect on 31 October 2026 through Ministerial Direction 123, place greater emphasis on community safety, social cohesion, respect for the law and human rights when assessing whether a non-citizen should be allowed to remain in Australia.
Under the revised direction, decision-makers can consider whether a person’s behaviour might cause harm, replacing the previous wording that required consideration of whether the person would cause harm.
The changes also reduce the weight given to a person’s length of residence in Australia, family connections, children and community contributions when assessing visa cancellation and revocation cases.
These factors are no longer treated as primary considerations, making it more difficult for some visa holders to rely on their Australian family and community ties when challenging a cancellation decision.
The revised rules expand the conduct considered under the character test, including engagement with hate groups, hate crimes, antisemitism, support for terrorism and racist attitudes.
Family and domestic violence will also receive greater weight, with the direction specifically identifying coercive control, image-based abuse, neglect, harassment and abuse involving digital technology.
The direction states that the serious nature of certain conduct, including domestic and family violence, may outweigh even strong countervailing considerations when deciding whether to cancel a visa.
The changes follow the High Court’s 2023 decision in the NZYQ case, which found that indefinite immigration detention was unlawful where there was no reasonable prospect of removing a person from Australia in the reasonably foreseeable future.
The ruling led to the release of more than 200 people from immigration detention, including individuals with criminal records.
In February 2025, the Australian Government reached an arrangement with Nauru to facilitate the removal of some non-citizens affected by the decision.
Immigration Minister Tony Burke said the previous ministerial direction had been written before the new arrangement was reached and contained interpretations that were inconsistent with his position.
“Ministerial directions always need to be updated,” Burke said.
He said the revised direction reflected the changed circumstances and the government’s approach to visa character assessments.
The visa changes come amid broader political debate over Australia’s migration levels and community safety.
The government has introduced other measures affecting international students, working holiday makers and visa overstayers as it seeks to bring migration-driven population growth towards a long-term target of 225,000 a year.
The Coalition has proposed reducing annual migration to 100,000 for four years if elected, before increasing it to 160,000, while One Nation has advocated a temporary reduction in net migration followed by an annual cap of 130,000.
The opposition has also called for an Australian values test as a condition of visa approval and greater scrutiny of migrants’ social media activity.
Under Australia’s Migration Act 1958, non-citizens can already have their visas refused or cancelled if they fail the character test. The new ministerial direction changes how decision-makers weigh relevant considerations when exercising their powers.
The changes do not mean that every person accused of harmful behaviour will automatically lose their visa. Individual cases remain subject to the applicable provisions of migration law and the relevant decision-making process.
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