Albanese Government Replaces Visa Cancellation Direction
Direction 123 takes effect this week, removing family ties as a primary factor in visa cancellation appeals.
Updated on Nov. 4, 2026 in Immigration
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Home Affairs Minister Tony Burke replaced Direction 110 with Direction 123, which places greater weight on community safety when assessing visa cancellation cases. Under the new direction, connections to Australia are no longer a primary consideration.
Why it matters
Burke said the previous direction was written before the Nauru arrangement was achieved and included interpretations he did not support. The change follows a sharp rise in successful offender appeals after the earlier direction was introduced.
Appeal success among convicted offenders rose from 38 per cent to almost 70 per cent after Direction 99, according to government figures. It is not yet clear how Direction 123 will change those outcomes.
The players
Tony Burke
Tony Burke is the Australian Minister for Home Affairs, responsible for immigration and visa policy.
Peter van Vliet
Peter van Vliet is the chief executive of the Migration Institute of Australia, a professional body for migration agents.
The details
Direction 123 broadens criteria around domestic and family violence, including coercive control and image-based abuse. It also adds considerations for people who hold or have held extremist views or have terrorist associations.
Timeline
September 2026: Government flagged the new visa direction.
October 2026: Direction 123 was tabled in parliament.
Start of the week of 2 November 2026: Direction 123 formally came into effect.
Political Context
The Coalition welcomed the change but said it will examine whether it goes far enough. Direction 99 had elevated ties to Australia to a primary consideration, which Direction 123 now removes.
Offenders will find it harder to argue for remaining in Australia based on family ties or length of residence. Fewer visa cancellations are expected to be revoked, according to Peter van Vliet of the Migration Institute of Australia.
The takeaway
Visa cancellation decisions will now weigh community safety more heavily than family and residence ties. Anyone affected by a visa cancellation should seek professional migration advice on how the new direction applies to their case.
Further reading
Explore more on Immigration policy and visa rule changes across Australia.
Source note: This article includes information reported by News24.
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