🇦🇺 Australian Immigration Update | New BVB Restrictions & Ministerial Direction 123 Now in Effect

The Australian Government has recently introduced two important changes to migration regulations, affecting Bridging Visa B (BVB) eligibility and character-related visa decisions.

These changes are particularly relevant to protection visa applicants, individuals undergoing judicial review, and those facing visa refusal or cancellation on character grounds.

✈️ 1️⃣ Bridging Visa B (BVB) — Effective 1 November 2026

New restrictions have been introduced for certain Protection (Class XA) visa applicants, including subclass 866 applicants.

Key changes:

  • Applicants with pending protection visa applications or related judicial review proceedings are generally no longer eligible for a new BVB under the affected provisions.
  • BVB applications lodged before 1 November 2026 are not subject to these amendments.
  • Existing BVBs are not automatically cancelled and remain subject to their approved travel periods and visa conditions.

⚠️ Important: These restrictions do not apply to all BVB holders or everyone awaiting an ART review outcome.

⚖️ 2️⃣ Ministerial Direction 123 (MD123) — Effective 31 October 2026

Ministerial Direction 123 officially replaces MD110, introducing changes to how character-related visa refusals, cancellations and mandatory cancellation revocation decisions are assessed.

Key changes:

  • Australian ties: Family relationships, long-term residence and community connections in Australia have moved from primary considerations to other considerations.
  • Community protection: Greater emphasis is placed on serious offending, domestic and family violence, future risks and the best interests of children.
  • Pending matters: Relevant character-related cases awaiting a decision may also be affected by the new Direction.

⚠️ Important: MD123 primarily applies to character-related decisions under sections 501 and 501CA of the Migration Act 1958. It does not apply to all visa applications or ART reviews.

💡 STC Lawyers’ Reminder

Australian immigration laws and policies continue to evolve, and changes may affect existing applications, review proceedings and future visa strategies.

If you are currently involved in a protection visa application, considering overseas travel on a bridging visa, or facing a character-related visa refusal or cancellation, it is important to understand how these changes may affect your circumstances.

STC LAWYERS | Australian Immigration Law Services

#AustralianImmigration #MigrationLaw #BridgingVisaB #BVB #MD123 #ProtectionVisa #VisaCancellation #CharacterTest #ART #STCLawyers

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