New Ministerial Direction 110 Introduced to Address Visa Cancellations and Community Safety Concerns

24.06.24
Visa Cancellations and Community Safety Concerns

Published 24 June 2024  |  Written by Migration Partner Lauren Blud  |  Last reviewed: 7 September 2026

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Ministerial Direction 110 (MD 110) is the Australian Government’s current guidance for decision-makers refusing or cancelling visas on character grounds under section 501 of the Migration Act 1958, and for revoking mandatory cancellations under section 501CA. Signed on 7 June 2024 and in effect since 21 June 2024, MD 110 replaced the earlier Direction 99 and makes the safety of the Australian community the highest priority in these decisions, including in cases involving family violence. As at September 2026, MD 110 remains the operative direction in this area.

BACKGROUND: WHY MD 110 WAS INTRODUCED

MD 110, titled Visa Refusal and Cancellation under Section 501 and Revocation of a Mandatory Cancellation of a Visa under Section 501CA, was signed on Friday 7 June 2024 following a period of public and political pressure over the failure to deport non-citizens convicted of violent crimes under the previous direction, Direction 99. At the time, then-Minister for Immigration Andrew Giles said the change was intended to respond directly to community safety concerns (Ministerial Direction 110 signed announcement).

MD 99 was revoked on the date MD 110 commenced, 21 June 2024. Since then, MD 110 has continued to apply to visa character decisions made under section 501 and section 501CA of the Migration Act 1958, and has not been superseded by a later direction in this area. (Direction 111, introduced later in 2024, deals with a separate topic, student visa processing priorities, and does not affect MD 110.)

WHAT CHANGED UNDER MD 110

MD 110 restructures the framework decision-makers use when deciding whether to refuse or cancel a visa, or revoke a mandatory cancellation, on character grounds. The key changes from Direction 99 are:

  • Community safety elevated to the highest priority. A new item was inserted confirming that the safety of the Australian community is the highest priority in these decisions.
  • Length of residence carries less protective weight. The previous provision stating that tolerance should rise with the length of time a non-citizen has spent in Australia, particularly during their formative years, was removed.
  • Family violence and similarly serious conduct given added weight. A new provision states that the inherent nature of conduct such as family violence, and other conduct described in the “Expectations of the Australian Community” considerations, is serious enough that even strong countervailing factors may not be sufficient to prevent cancellation, refusal, or non-revocation, even where the person is not assessed as posing a measurable risk of future physical harm.
  • Protection of the community given greater relative weight. Decision-makers are now directed to generally give the primary consideration of protecting the Australian community greater weight than the other primary considerations.
  • Impact on victims added to the seriousness assessment. A new factor requires decision-makers to consider the impact of the relevant offending or conduct on victims and their families, where that information is available and the non-citizen has been afforded procedural fairness.
  • Ties to the Australian community reframed. The former separate provisions on this topic were replaced with a single consolidated consideration. Decision-makers must now weigh how long the person has lived in Australia (including arrival as a young child), giving less weight where offending began soon after arrival and more weight to time spent contributing positively to the community, together with the strength, duration and nature of family or other ties to Australian citizens, permanent residents, or people with the right to remain.
  • Duplicate “impact on victims” references removed from elsewhere in the Direction, since this consideration now sits within the primary seriousness assessment.

HOW THIS AFFECTS SECTION 501 AND 501CA DECISIONS

In practice, MD 110 makes it harder for a non-citizen with a serious criminal history, particularly involving family violence, to avoid visa cancellation or refusal, or to succeed in having a mandatory cancellation revoked, even where they have lived in Australia for a long time or have strong family ties here. Decision-makers are directed to treat community protection as the dominant consideration, and long residence is no longer, on its own, given the same protective weight it previously carried under Direction 99.

This does not mean every case with these features results in cancellation. Decision-makers must still consider the full range of factors set out in the Direction, including ties to the Australian community, any impact on children or other family members, and Australia’s international non-refoulement obligations. Because the assessment is highly fact-specific, early, tailored advice matters.

IS MD 110 STILL CURRENT?

Yes. As at September 2026, MD 110 remains the ministerial direction governing section 501 and 501CA character decisions, and it has not been revoked or replaced. Readers should be aware that the ministerial portfolio has changed since this article was first published: Andrew Giles signed MD 110 as Immigration Minister in June 2024, and Tony Burke MP is now Minister for Home Affairs, Minister for Immigration and Citizenship, having been sworn in on 13 May 2025. The change in minister has not affected the operation of MD 110 itself.

It is also worth noting that the Administrative Appeals Tribunal (AAT), which previously reviewed many visa cancellation and refusal decisions, was abolished and replaced by the Administrative Review Tribunal (ART) in October 2024. Decisions under MD 110 that carry review rights are now reviewed by the ART rather than the AAT.

RAMSDEN LAWYERS: HOW WE CAN HELP

Whether you are facing a visa refusal, a visa cancellation, or need to apply to revoke a mandatory cancellation under section 501CA, our Migration Division acts for individuals and businesses navigating these decisions. We can advise on your prospects, prepare submissions addressing the MD 110 factors, and represent you in review proceedings before the Administrative Review Tribunal where relevant. Contact us for an obligation-free consultation.

The content of this article is intended to provide general guidance on the subject matter and must not be relied on as legal advice. Specific advice should be sought about your circumstances.

FREQUENTLY ASKED QUESTIONS

What is Ministerial Direction 110?

Ministerial Direction 110 (MD 110) is the direction issued under section 499 of the Migration Act 1958 that guides decision-makers, including departmental officers and the Administrative Review Tribunal, on how to decide visa refusals and cancellations under section 501, and applications to revoke a mandatory cancellation under section 501CA. It replaced Direction 99 and took effect on 21 June 2024.

When did MD 110 come into effect, and what did it replace?

MD 110 was signed on 7 June 2024 and commenced on 21 June 2024. It replaced Direction 99, which was revoked on the same date MD 110 took effect.

What is the biggest change MD 110 makes compared to the previous direction?

The most significant change is that MD 110 makes the safety of the Australian community the highest priority in section 501 and 501CA decisions, and directs decision-makers to give this consideration greater weight than other primary considerations, including a person’s length of residence in Australia.

Does MD 110 mean a family violence conviction will automatically lead to visa cancellation?

Not automatically, but MD 110 makes cancellation, refusal or non-revocation significantly more likely in these cases. It states that the inherent seriousness of conduct such as family violence may be enough to justify cancellation even where strong countervailing factors exist, and even if the person is not assessed as posing a future measurable risk of physical harm. Each case is still decided on its individual facts.

How does MD 110 treat a person's length of residence and family ties in Australia?

MD 110 removed the previous rule that tolerance should increase with the length of time spent in Australia, particularly during a person’s formative years. Decision-makers must still consider how long a person has lived in Australia and the strength of their family and community ties, but less weight is given if offending began soon after arrival, and this consideration is no longer given the same protective weight as under Direction 99.

What is section 501CA and how does MD 110 affect a revocation request?

Section 501CA allows a person whose visa was mandatorily cancelled under section 501(3A) (typically following a substantial criminal record or sentence of 12 months or more) to apply to have that cancellation revoked. MD 110 applies to these revocation decisions in the same way it applies to refusals and cancellations, meaning community protection and the seriousness of the underlying conduct are given significant weight when deciding whether to revoke.

Can I appeal a visa cancellation or refusal decision made under MD 110?

In many cases, yes. Depending on the type of decision, a person may be able to seek review at the Administrative Review Tribunal (ART), which replaced the Administrative Appeals Tribunal (AAT) in October 2024. Some decisions, particularly those made personally by the Minister, are not reviewable by the Tribunal. Strict time limits apply, so advice should be sought immediately after a decision is made.

Is Ministerial Direction 110 still in effect in 2026, or has it been replaced?

Yes, MD 110 is still current as at September 2026. It has not been revoked or replaced by a later direction in the section 501 or 501CA space. A separate and unrelated instrument, Direction 111, was introduced later in 2024 but concerns student visa processing priorities, not character-related cancellations.