Nauru travellers: long stays and family ties no longer protect from deportation

Australia has tightened the rules used to cancel visas and deport non-citizens, with a revised ministerial direction that took effect on 31 October 2026. The changes place more weight on community safety and less on a person's family ties, children and length of stay in the country.

Key facts

• Effective date: 31 October 2026
• Instrument: Ministerial Direction 123
• Who is affected: non-citizens facing visa refusal, cancellation or revocation decisions under Australia's character test
• Main change: length of residence, family connections, children and community contributions are no longer primary considerations
• Expanded conduct: hate groups, hate crimes, antisemitism, support for terrorism, racist attitudes and family and domestic violence

What is changing?

Ministerial Direction 123 sets out how decision-makers weigh relevant considerations when exercising powers under the character test in the Migration Act 1958. Under the revised direction, community safety, social cohesion, respect for the law and human rights carry greater emphasis when assessing whether a non-citizen should remain in Australia.

Decision-makers can now consider whether a person's behaviour might cause harm. The previous wording required consideration of whether the person would cause harm.

Who is affected?

The direction applies to non-citizens whose visas are being refused, cancelled or whose cancellation is being revoked. A person's length of residence in Australia, family connections, children and community contributions are no longer treated as primary considerations, making it harder for some visa holders to rely on Australian family and community ties when challenging a cancellation.

The revised rules also expand the conduct considered under the character test to include engagement with hate groups, hate crimes, antisemitism, support for terrorism and racist attitudes. Family and domestic violence receives 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.

Why is this happening?

The changes follow the High Court's 2023 decision in the NZYQ case, which found indefinite immigration detention 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 that arrangement and contained interpretations inconsistent with his position. "Ministerial directions always need to be updated," Burke said.

What this means for travellers

Non-citizens in Australia should be aware that family ties, children and long residence now carry less weight in visa character decisions, while conduct related to hate groups, terrorism support and family violence carries more. The changes do not mean that every person accused of harmful behaviour will automatically lose a visa; individual cases remain subject to the applicable provisions of migration law and the relevant decision-making process.

The visa changes come amid broader debate over Australia's migration levels. 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.