Section 501 Character Test
Ministerial Direction 110
Direction 110 is the binding direction guiding all Section 501 decisions. It establishes five primary considerations, with protection of the Australian community as the paramount consideration. Operative since 21 June 2024, Direction 110 replaced Direction 99 and shapes how every character refusal, cancellation, and revocation is decided.
From Direction 99 to Direction 110
Two changes from Direction 99 are critical for any current Section 501 case. First, Direction 110 elevated protection of the Australian community to the paramount primary consideration, ahead of the other primary considerations. The Direction expressly states that even strong countervailing considerations may be insufficient to outweigh community protection where the conduct is sufficiently serious.
Second, Direction 110 softened the previously favourable treatment of long-term Australian residents whose offending began after arrival. Direction 99's "considerable weight" language was removed in favour of discretionary "may be afforded a level of tolerance" language. The shift makes long-residence ties less determinative than they were under the previous direction, particularly where offending began soon after arrival or has been sustained.
The five primary considerations
Direction 110 binds delegates, ART Members, and the Minister to weigh five primary considerations against each other and against further "other considerations." Effective submissions follow the structure clause by clause.
1. Community protection (paramount)
The decision-maker assesses the nature and seriousness of the conduct, and the risk of future harmful conduct to the Australian community. Risk assessment considers psychological reports, rehabilitation, insight, and remorse.
2. Family violence
Where the conduct involves family violence, the seriousness of the violence and its impact on the victim and broader community is given substantial weight, distinct from the general community protection consideration.
3. Ties to Australia
How long the visa holder has resided in Australia, family ties to Australian citizens and permanent residents, employment, business interests, and community involvement. Less weight where offending began soon after arrival.
4. Best interests of children
The best interests of minor children in Australia, including the visa holder's children, step-children, and certain children in the visa holder's care. Weighed against community protection; not determinative.
5. Community expectations
Direction 110 specifies that the Australian community expects non-citizens to follow the law and that those with serious criminal records will not be tolerated. Community expectations alone may justify cancellation even where other considerations weigh in favour of the visa holder. The expectation applies regardless of measurable risk of physical harm.
Risk of reoffending and the evidence base
Risk assessment is the engine of the community protection consideration. Effective submissions are typically supported by independent psychological or psychiatric assessments addressing risk of reoffending using validated risk instruments, evidence of completed rehabilitation programs with program-specific outcome reports, evidence of insight, accountability, and remorse through statements from the visa holder and corroborating witnesses, and evidence of stable accommodation, employment, and supports going forward.
Reports prepared without familiarity with Section 501 decision-making — including general clinical reports — often fall short of what Direction 110 requires. Direction 110 also recognises "other considerations" beyond the five primary ones: legal consequences of the decision, including statelessness or indefinite detention; impact on victims of any conduct; and impediments to removal (health, language, country conditions).
Build the submission to the Direction 110 framework
Generic pleas of family ties or remorse rarely succeed. Visa Plan Lawyers maps evidence onto each primary consideration in turn, with risk reports and corroborating witness evidence calibrated to what Direction 110 requires.
Ministerial Direction 110 information is sourced from the Migration Act 1958 (section 499), Direction 110 itself (commenced 21 June 2024), and the Migration Regulations 1994, current as at April 2026. Ministerial directions can be revoked or replaced; where a direction changes during the life of a case, the new direction generally applies to undecided cases. This page provides general information only and does not constitute legal advice.