Ministerial Direction No. 99: New Character Policy

Ministerial Direction No. 99, the latest immigration policy released by the Australian government, will bring significant changes to the way the character test is assessed in Australia.

The new direction, which comes into effect on March 3, 2023, replaces its predecessor, Ministerial Direction No. 90, and outlines the key principles that must be considered when making visa decisions under the Migration Act 1958 and assessing the character test. 

One of the key differences between the two directions is the emphasis on the strength, nature, and duration of an applicant’s ties to Australia. Under Ministerial Direction No. 99, these considerations have been added as a primary consideration under Part 2 Section 8 and decision-makers are expected to give them more weight in their decisions. This change reflects the importance of an applicant’s connections to the Australian community and is expected to result in more equitable and transparent visa and citizenship decisions.

The amendment to the principles under Subsection 5.2 recognizes the higher level of tolerance for criminal or other serious conduct by non-citizens who have lived in Australia for most of their life or from a very young age. This approach acknowledges the impact of an individual’s environment and circumstances on their behavior and seeks to make more nuanced and fair assessments of an applicant’s character.

The latest changes to immigration law also aim to provide a more nuanced approach to the assessment of an applicant’s character. By considering the strength, nature, and duration of an applicant’s ties to Australia, Ministerial Direction No. 99 seeks to ensure that visa and citizenship decisions are made in a fair and transparent manner.

For applicants who are concerned about their chances of passing the character test, it is advisable to book a consultation with a lawyer who specializes in immigration law. These lawyers can provide guidance and help individuals understand the latest changes in immigration law and how it may affect their application.

In conclusion, Ministerial Direction No. 99 represents a substantial change in the way the character test is assessed in Australia and will have a significant impact on visa and citizenship decisions. The new direction, which places a stronger emphasis on the strength, nature, and duration of an applicant’s ties to Australia, is expected to result in more equitable and transparent decisions. If you are an applicant who is concerned about your chances of passing the character test, it is advisable to seek the guidance of a specialist immigration lawyer.